38-2201: Citation; construction of code; policy of
state.
K.S.A. 2009 Supp.
38-2201 through 38-2283, and amendments thereto, shall be
known as and may be cited as the revised Kansas
code for care of children.

(a) Proceedings pursuant to this code shall be civil in nature and all
proceedings, orders, judgments and decrees shall be deemed to be pursuant to
the parental power of the state.

(b) The code shall be liberally construed to carry out the policies of the
state which are to:

(1) Consider the safety and welfare of a child to be paramount in all
proceedings under the code;

(2) provide that each child who comes within the provisions of the code
shall receive the
care, custody, guidance control and discipline that will best serve the child's
welfare and the
interests of the state, preferably in the child's home and recognizing that the
child's relationship
with such child's family is important to the child's well being;

(3) make the ongoing physical, mental and emotional needs of the child
decisive
considerations in proceedings under this code;

(4) acknowledge that the time perception of a child differs from that of an
adult and to
dispose of all proceedings under this code without unnecessary delay;

(7) provide for the protection of children who have been subject to physical,
mental or
emotional abuse or neglect or sexual abuse;

(8) provide preventative and rehabilitative services, when appropriate, to
abused and
neglected children and their families so, if possible, the families can remain
together without
further threat to the children;

(9) provide stability in the life of a child who must be removed from the
home of a parent;
and

(10) place children in permanent family settings, in absence of compelling
reasons to the
contrary.

(c) Nothing in this code shall be construed to permit discrimination on the
basis of disability.

(1) The disability of a parent shall not constitute a basis for a
determination that a child is a child in need of care, for the removal of
custody of a child from the parent, or for the termination of parental rights
without a specific showing that there is a causal relation between the
disability and harm to the child.

(2) In cases involving a parent with a disability, determinations made under
this code shall consider the availability and use of accommodations for the
disability, including adaptive equipment and support services.

History: L. 2006, ch. 200, § 1; Jan. 1, 2007.

38-2202: Definitions.
As used in the revised Kansas code for care of children,
unless the context
otherwise indicates:

(a) "Abandon" or "abandonment" means to forsake, desert or, without making
appropriate provision for
substitute care, cease providing care for the child.

(b) "Adult correction facility" means any public or private facility, secure
or nonsecure,
which is used for the lawful custody of accused or convicted adult criminal
offenders.

(d) "Child in need of care" means a person less than 18 years of age at
the time of filing of the petition or issuance of an ex parte protective
custody order pursuant to K.S.A. 2009 Supp. 38-2242, and amendments
thereto, who:

(1) Is without adequate parental care, control or subsistence and the
condition is not due
solely to the lack of financial means of the child's parents or other
custodian;

(2) is without the care or control necessary for the child's physical, mental
or emotional
health;

(3) has been physically, mentally or emotionally abused or neglected or
sexually abused;

(4) has been placed for care or adoption in violation of law;

(5) has been abandoned or does not have a known living parent;

(6) is not attending school as required by K.S.A. 72-977 or 72-1111, and
amendments
thereto;

(7) except in the case of a violation of K.S.A. 21-4204a, 41-727, subsection
(j) of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, and
amendments thereto, or,
except as provided
in paragraph (12), does an act which, when committed by a person under 18 years
of age, is
prohibited by state law, city ordinance or county resolution but which is not
prohibited when done
by an adult;

(8) while less than 10 years of age, commits any act which if done by an
adult would
constitute the commission of a felony or misdemeanor as defined by K.S.A.
21-3105, and
amendments thereto;

(9) is willfully and voluntarily absent from the child's home without the
consent of the child's
parent or other custodian;

(10) is willfully and voluntarily absent at least a second time from a court
ordered or
designated placement, or a placement pursuant to court order, if the absence is
without the consent
of the person with whom the child is placed or, if the child is placed in a
facility, without the consent
of the person in charge of such facility or such person's designee;

(11) has been residing in the same residence with a sibling or another person
under 18 years
of age, who has been physically, mentally or emotionally abused or neglected,
or sexually abused;

(12) while less than 10 years of age commits the offense defined in K.S.A.
21-4204a, and amendments thereto; or

(13) has had a permanent custodian appointed and the permanent custodian is
no longer able
or willing to serve.

(e) "Citizen review board" is a group of community volunteers appointed by
the court and
whose duties are prescribed by
K.S.A. 2009 Supp.
38-2207 and 38-2208, and
amendments thereto.

(f) "Court-appointed special advocate" means a responsible adult other than
an attorney
guardian ad litem who is appointed by the court to represent the
best interests of a child, as provided
in
K.S.A. 2009 Supp.
38-2206, and amendments thereto, in a proceeding pursuant
to this code.

(g) "Custody" whether temporary, protective or legal, means the status
created by court order
or statute which vests in a custodian, whether an individual or an agency, the
right to physical
possession of the child and the right to determine placement of the child,
subject to restrictions
placed by the court.

(h) "Extended out of home placement" means a child has been in the custody of
the secretary
and placed with neither parent for 15 of the most recent 22 months beginning 60
days after the date
at which a child in the custody of the secretary was removed from the home.

(i) "Educational institution" means all schools at the elementary and
secondary levels.

(j) "Educator" means any administrator, teacher or other professional or
paraprofessional
employee of an educational institution who has exposure to a pupil specified in
subsection (a) of
K.S.A. 72-89b03, and amendments thereto.

(k) "Harm" means physical or psychological injury or damage.

(l) "Interested party" means the grandparent of the child, a person with
whom the child has
been living for a significant period of time when the child in need of care
petition is filed, and any
person made an interested party by the court pursuant to
K.S.A. 2009 Supp.
38-2241, and
amendments thereto or Indian tribe seeking to intervene that is not a
party.

(m) "Jail" means:

(1) An adult jail or lockup; or

(2) a facility in the same building or on the same grounds as an adult jail
or lockup, unless the facility meets all applicable standards and licensure
requirements under law and there is: (A) Total separation of the juvenile and
adult facility spatial areas such that
there could be no haphazard
or accidental contact between juvenile and adult residents in the respective
facilities; (B) total
separation in all juvenile and adult program activities within the facilities,
including recreation,
education, counseling, health care, dining, sleeping and general living
activities; and (C) separate
juvenile and adult staff, including management, security staff and direct care
staff such as
recreational, educational and counseling.

(n) "Juvenile detention facility" means any secure public or private facility
used for the lawful
custody of accused or adjudicated juvenile offenders which must not be a jail.

(o) "Juvenile intake and assessment worker" means a responsible adult
authorized to perform
intake and assessment services as part of the intake and assessment system
established pursuant to
K.S.A. 75-7023, and amendments thereto.

(p) "Kinship care" means the placement of a child in the home of the child's
relative or in the
home of another adult with whom the child or the child's parent already has a
close emotional
attachment.

(q) "Law enforcement officer" means any person who by virtue of office or
public
employment is vested by law with a duty to maintain public order or to make
arrests for crimes,
whether that duty extends to all crimes or is limited to specific crimes.

(r) "Multidisciplinary team" means a group of persons, appointed by the court
under
K.S.A. 2009 Supp.
38-2228, and amendments thereto, which has knowledge of
the
circumstances of
a child in need of care.

(s) "Neglect" means acts or omissions by a parent, guardian or person
responsible for the care
of a child resulting in harm to a child, or presenting a likelihood of harm,
and the acts or omissions
are not due solely to the lack of financial means of the child's parents or
other custodian. Neglect
may include, but shall not be limited to:

(1) Failure to provide the child with food, clothing or shelter necessary to
sustain the life or
health of the child;

(2) failure to provide adequate supervision of a child or to remove a child
from a situation
which requires judgment or actions beyond the child's level of maturity,
physical condition or mental
abilities and that results in bodily injury or a likelihood of harm to the
child; or

(3) failure to use resources available to treat a diagnosed medical condition
if such treatment
will make a child substantially more comfortable, reduce pain and suffering, or
correct or
substantially diminish a crippling condition from worsening. A parent
legitimately practicing
religious beliefs who does not provide specified medical treatment for a child
because of religious
beliefs shall not for that reason be considered a negligent parent; however,
this exception shall not
preclude a court from entering an order pursuant to subsection (a)(2) of
K.S.A. 2009 Supp.
38-2217, and amendments
thereto.

(t) "Parent" when used in relation to a child or children, includes a
guardian and
every person who is by law liable to maintain, care for or support the child.

(u) "Party" means the state, the petitioner, the child, any
parent of the child and an Indian child's tribe intervening pursuant to the
Indian child welfare act.

(v) "Permanency goal" means the outcome of the permanency planning process
which may
be reintegration, adoption, appointment of a permanent custodian or another
planned permanent
living arrangement.

(x) "Physical, mental or emotional abuse" means the infliction of physical,
mental or
emotional harm or the causing of a deterioration of a child and may include,
but shall not be limited
to, maltreatment or exploiting a child to the extent that the child's health or
emotional well-being is
endangered.

(y) "Placement" means the designation by the individual or agency having
custody of where
and with whom the child will live.

(z) "Relative" means a person related by blood, marriage or adoption but,
when referring to
a relative of a child's parent, does not include the child's other parent.

(aa) "Secretary" means the secretary of social and rehabilitation services or
the secretary's
designee.

(bb) "Secure facility" means a facility which is operated or structured so as
to ensure that all
entrances and exits from the facility are under the exclusive control of the
staff of the facility,
whether or not the person being detained has freedom of movement within the
perimeters of the
facility, or which relies on locked rooms and buildings, fences or physical
restraint in order to control
behavior of its residents. No secure facility shall be in a city or county
jail.

(cc) "Sexual abuse" means any contact or interaction with a child in which
the child is being
used for the sexual stimulation of the perpetrator, the child or another
person. Sexual abuse shall
include allowing, permitting or encouraging a child to engage in prostitution
or to be photographed,
filmed or depicted in pornographic material.

(dd) "Shelter facility" means any public or private facility or home other
than a juvenile
detention facility that may be used in accordance with this code for the
purpose of providing either
temporary placement for children in need of care prior to the issuance of a
dispositional order or
longer term care under a dispositional order.

(ee) "Transition plan" means, when used in relation to a youth in
the custody of the secretary, an individualized strategy for the
provision of medical, mental health, education, employment and
housing supports as needed for the adult and, if applicable, for
any minor child of the adult, to live independently and
specifically provides for the supports and any services for which
an adult with a disability is eligible including, but not limited
to, funding for home and community based services waivers.

(ff) "Youth residential facility" means any home, foster
home or structure
which provides
24-hour-a-day care for children and which is licensed pursuant to article 5 of
chapter 65 of the
Kansas Statutes Annotated, and amendments thereto.

38-2203: Jurisdiction; age of child,
presumptions.
(a) Proceedings concerning any child who may be a child in
need of care shall
be governed by this code, except in those instances when the court knows or
has reason to know that an Indian child is involved in the proceeding, in which
case, the Indian child
welfare act of 1978 (25 U.S.C. §1901 et seq.) applies. The Indian child
welfare act may apply
to: The filing to initiate a child in
need of care proceeding (K.S.A. 2009 Supp.
38-2234, and amendments thereto); ex
parte custody
orders (K.S.A. 2009 Supp.
38-2242, and amendments thereto);
temporary custody hearing (K.S.A. 2009 Supp.
38-2243, and amendments thereto);
adjudication
(K.S.A. 2009 Supp.
38-2247, and amendments thereto); burden of
proof (K.S.A. 2009 Supp.
38-2250, and amendments thereto); disposition (K.S.A.
2009 Supp. 38-2255, and amendments thereto); permanency hearings (K.S.A. 2009
Supp. 38-2264,
and amendments thereto);
termination of parental rights (K.S.A. 2009 Supp.
38-2267, 38-2268 and 38-2269,
and amendments
thereto);
establishment of
permanent custodianship (K.S.A. 2009 Supp.
38-2268 and 38-2272, and amendments
thereto); the
placement of a child in any
foster, pre-adoptive and adoptive home
and the placement of a child in a guardianship arrangement under chapter 59,
article 30 of the Kansas Statutes Annotated, and amendments thereto.

(b) Subject to the uniform child custody jurisdiction and enforcement act,
K.S.A. 38-1336
through 38-1377, and amendments thereto, the district court shall have original
jurisdiction of
proceedings pursuant to this code.

(c) The court acquires jurisdiction over a child by the filing of a petition
pursuant to this code
or upon issuance of an ex parte order pursuant to
K.S.A. 2009 Supp.
38-2242, and
amendments thereto. When the
court acquires jurisdiction over a child in need of care, jurisdiction may
continue until the child has: (1)
Become 18 years of age, or until June 1 of the school year during which the
child became 18 years of age if the child is still attending high school
unless there is no court approved transition plan, in which event
jurisdiction may continue until a transition plan is approved by
the court or until the child reaches the age of 21;
(2) been adopted; or (3) been discharged by
the court. Any child
18 years of age or over may request, in writing to the court, that the
jurisdiction of the court cease.
The court shall give notice of the request to all parties and interested
parties and 30 days after receipt
of the request, jurisdiction will cease.

(d) When it is no longer appropriate for the court to exercise jurisdiction
over a child, the
court, upon its own motion or the motion of a party or interested party at a
hearing or upon
agreement of all parties or interested parties, shall enter an order
discharging the child.
Except upon request of the child pursuant to subsection (c),
the court shall not enter
an order discharging a child
until June 1 of the school year during which the child becomes 18 years of age
if the child is in an out-of-home placement, is still attending high school and
has not completed the child's high
school
education.

(e) When a petition is filed under this code, a person who is alleged to be
under 18 years
of age shall be presumed to be under that age for the purposes of this code,
unless the contrary is
proved.

38-2204: Venue.
(a) Venue of any case involving a child in need of care
shall be in the county of
the child's residence or in the county where the child is found.

(b) Upon application of any party or interested party and after notice to
all other parties and
interested parties, the court in which the petition was originally filed
alleging that a child is a child
in need of care may order the proceedings transferred to the court of the
county where: (1) The child
is physically present; (2) the parent or parents reside; or (3) other
proceedings are pending in this
state concerning custody of the child. The judge of the court in which the
case is pending shall
consult with the judge of the proposed receiving court prior to transfer of
the case. If the judges
do not agree that the case should be transferred or if a hearing is requested,
a hearing shall be held
on the desirability of the transfer, with notice to parties or interested
parties, the secretary and the
proposed receiving court. If the judge of the transferring court orders the
case transferred, the order
of transfer shall include findings stating why the case is being transferred
and, if available, the names
and addresses of all interested parties to whom the receiving court should
provide notice of any
further proceedings. The receiving court shall accept the case.
Upon a judge ordering a transfer of venue, the clerk shall transmit the
contents of the official file and a complete copy of the social file to the
court to which venue is transferred, and, upon receipt of the
record, the receiving
court shall assume jurisdiction as if the proceedings were originally filed in
that court. The
transferring judge, if an adjudicatory hearing has been held, shall also
transmit recommendations as
to disposition. The court may return the case to the court where it originated
if the child is not
present in the receiving county or, the receiving county is not the residence
of the child's parent or
parents.

History: L. 2006, ch. 200, § 4; Jan. 1, 2007.

38-2205: Right to counsel; guardian ad
litem
.
(a) Appointment of guardian ad litem and attorney for
child;
duties. Upon the
filing of a petition, the court shall appoint an attorney to serve as guardian
ad litem for a child who
is the subject of proceedings under this code. The guardian ad
litem shall make an independent
investigation of the facts upon which the petition is based and shall appear
for and represent the best
interests of the child. When the child's position is not consistent with the
determination of the
guardian ad litem as to the child's best interests, the guardian
ad litem shall inform the court of the
disagreement. The guardian ad litem or the child may request the
court to appoint a second attorney
to serve as attorney for the child, and the court, on good cause shown, may
appoint such second
attorney. The attorney for the child shall allow the child and the guardian
ad litem to communicate
with one another but may require such communications to occur in the attorney's
presence.

(b) Attorney for parent or custodian. A parent of a
child alleged or adjudged
to be a child in need of care may be represented by an attorney, in connection
with all proceedings
under this code. At the first hearing in connection with proceedings under this
code, the court shall distribute a pamphlet, designed by the court, to the
parents of a child alleged or adjudged to be a child in need of care, to advise
the parents of their rights in connection with all proceedings under this code.

(1) If at any stage of the proceedings a parent desires but is financially
unable to employ an
attorney, the court shall appoint an attorney for the parent. It shall not be
necessary to appoint an
attorney to represent a parent who fails or refuses to attend the hearing after
having been properly
served with process in accordance with
K.S.A. 2009 Supp.
38-2237, and
amendments thereto. A
parent or custodian
who is not a minor, a mentally ill person or a disabled person may waive
counsel either in writing
or on the record.

(2) The court shall appoint an attorney for a parent who is a minor, a
mentally ill person or
a disabled person unless the court determines that there is an attorney
retained who will appear and
represent the interests of the person in the proceedings under this code.

(3) As used in this subsection: (A) "Mentally ill person" shall have the
meaning ascribed
thereto in K.S.A. 59-2946, and amendments thereto; and
(B) "disabled person" shall have the meaning ascribed thereto in K.S.A.
77-201, and
amendments thereto.

(c) Attorney for interested parties. A person who, pursuant to
K.S.A. 2009 Supp.
38-2241, and amendments
thereto, is an interested party in a proceeding involving a child alleged to be
a child in need of care
may be represented by an attorney in connection with all proceedings under this
code. At the first hearing in connection with proceedings under this code, the
court shall distribute a pamphlet, designed by the court, to interested parties
in a proceeding involving a child alleged or adjudged to be a child in need of
care, to advise interested parties of their rights in connection with all
proceedings under this code. It shall not be necessary to appoint an
attorney to represent an
interested party who fails or refuses to attend the hearing after having been
properly served with
process in accordance with
K.S.A. 2009 Supp.
38-2237, and amendments thereto.
If at any stage of the proceedings a person who is an interested party under
subsection (d) of
K.S.A. 2009 Supp.
38-2241, and amendments thereto, desires
but is
financially unable to employ an attorney, the court may appoint an attorney for
the interested party.

(d) Continuation of representation. A guardian ad litem
appointed to represent the best
interests of a child or a second attorney appointed for a child as provided in
subsection (a), or an
attorney appointed for a parent or custodian shall continue to represent the
client at all subsequent
hearings in proceedings under this code, including any appellate proceedings,
unless relieved by the
court upon a showing of good cause or upon transfer of venue.

(e) Fees for counsel. An attorney appointed pursuant to this
section shall be allowed a
reasonable fee for services, which may be assessed as an expense in the
proceedings as provided in
K.S.A. 2009 Supp.
38-2215, and amendments thereto.

History: L. 2006, ch. 200, § 5; Jan. 1, 2007.

38-2206: Appointment of special advocate.
(a) The court at any
stage of a proceeding
pursuant to this code may appoint a special advocate for the child who shall
serve until discharged
by the court and whose primary duties shall be to advocate the best interests
of the child and assist
the child in obtaining a permanent, safe and homelike placement. The
court-appointed special
advocate shall have such qualifications and perform such specific duties and
responsibilities as
prescribed by rule of the supreme court.

(b) Any person participating in a judicial proceeding as a court-appointed
special advocate
shall be presumed prima facie to be acting in good faith and in so
doing shall
be immune from any
civil liability that otherwise might be incurred or imposed.

History: L. 2006, ch. 200, § 6; Jan. 1, 2007.

38-2207: Citizen review boards; members.
(a) Subject to the availability of funds in the permanent
families
account of the
family and children investment fund for citizen review boards, and subject to a
request from a
judicial district, there shall be citizen review boards in judicial districts,
or portions of such districts.

(b) The chief judge of the judicial district, or another judge designated
by the chief judge,
shall appoint three to seven citizens from the community to serve on each
citizen review board. Such members shall represent the various socioeconomic
and ethnic groups of the
judicial district,
and shall have a special interest in children. Such judge may also appoint
alternates when necessary.

(c) The term of appointment shall be two years and members may be
reappointed.

(d) Members shall serve without compensation but may be reimbursed for
mileage for out-of-county reviews.

(e) Each citizen review board shall meet quarterly and may meet monthly if
the number of cases to review requires such meetings.

(f) Members and alternates appointed to citizen review boards shall receive
at least six hours of
training before reviewing a case.

History: L. 2006, ch. 200, § 7; Jan. 1, 2007.

38-2208: Same; duties and powers.
(a) The citizen review board shall have the duty, authority
and power to:

(1) Review each case referred to them, and such additional cases as the board
deems appropriate, of a child who is the subject of a child in need of care
petition or who
has been adjudicated a child in need of care, receive verbal information from
all persons with
pertinent knowledge of the case and have access to materials contained in the
court's files on the
case;

(2) determine the progress which has been made to acquire a permanent home
for the child
in need of care;

(3) suggest an alternative case goal if progress has been insufficient; and

(4) make recommendations to the judge regarding further actions on the
case.

(b) The initial review by the citizen review board may take place any time
after a petition is
filed for a child in need of care.

(c) The citizen review board will review each referred case at least once
each year.

(d) The judge shall consider the citizen review board recommendations in
making an authorized dispositional order pursuant to
K.S.A. 2009 Supp.
38-2255,
and amendments
thereto, and may incorporate the citizen review board's recommendations into an
order in lieu of a hearing.

(e) Three members of the citizen review board shall be present to review a
case.

(f) The court shall provide a place for the reviews to be held. The citizen
review board
members shall travel to the county of the family residence of the child being
reviewed to hold the review.

History: L. 2006, ch. 200, § 8; Jan. 1, 2007.

38-2209: Confidentiality of child in need of care
records; penalties; immunities.
(a) Confidentiality requirements. In order to protect the privacy of
children who are the subject of a child in need of care record or report, the
records identified in this section shall be confidential and shall not be
disclosed except as provided in
K.S.A. 2009 Supp.
38-2210 through 38-2213, and amendments thereto.
Confidential records that are disclosed pursuant to
K.S.A. 2009 Supp.
38-2210 through 38-2213, and amendments thereto,
shall not be further disclosed except to persons or entities
authorized to receive them as provided in those sections, or by being presented
as admissible evidence.

(1) Court records. Court records include both the official file and the
social file.

(A) Official file. The official file of proceedings pursuant to this code
shall consist of the pleadings, process, service of process, orders, writs and
journal entries reflecting hearings held and judgments and decrees entered by
the court. The official file shall be kept separate from other records of the
court.

(B) Social file. The social file of proceedings pursuant to this code shall
consist of reports and information received by the court, other than the
official file. The social file shall be kept separate from other records
of the court.

(2) Agency records. Agency records shall consist of all records and reports
in the possession or control of the secretary or any agent of the secretary or
of a juvenile intake and assessment agency concerning children alleged or
adjudicated to be in need of care.

(3) Law enforcement records. Law enforcement records shall consist of all
records and reports in the possession of a law enforcement agency concerning
children alleged or adjudicated to be in need of care and shall, to the extent
practical, be kept separate from other records held by a law enforcement
agency.

(b) Penalties for improper disclosure of confidential records. No
individual, association, partnership, corporation or other entity shall
willfully or knowingly disclose, permit or encourage disclosure of the contents
of records or reports in violation of the confidentiality requirements of this
section. The court in a child in need of care proceeding may impose a civil
penalty of up to $1,000 on any person or entity that violates this section.
Violation of this section is a class A nonperson misdemeanor.

(c) Immunity. The following immunities shall apply to the
disclosure of confidential information:

(1) Anyone who participates in providing or receiving information without
malice under the provisions of
K.S.A. 2009 Supp.
38-2210 through 38-2213,
and amendments thereto, shall
have immunity from any civil liability that might otherwise be incurred or
imposed. Any such participant shall have the same immunity with respect to
participation in any judicial proceedings resulting from providing or receiving
information.

(2) The sharing of any information pursuant to this code by any person
licensed or registered by the behavioral science regulatory board shall not be
subject to review under any rules or regulations adopted by the behavioral
sciences regulatory board.

(d) Risk of harm to child or others. Access to or disclosure of
information pursuant to
K.S.A. 2009 Supp.
38-2210 through 38-2213,
and amendments thereto, is not required if
the person or entity in possession of a record or report has reason to believe
the person requesting such information may harm a child or other person as a
result of such access or disclosure. The court may enter an order compelling or
prohibiting access to, or disclosure of information.

History: L. 2004, ch. 178, § 1; July 1.

38-2210: Parties exchanging information.
To facilitate investigation and ensure the provision of necessary services to
children who may be in need of care and such children's families, the following
persons and entities with responsibilities concerning a child who is alleged or
adjudicated to be in need of care shall freely exchange information:

(a) The secretary.

(b) The commissioner of juvenile justice.

(c) The law enforcement agency receiving such report.

(d) Members of a court appointed multidisciplinary team.

(e) An entity mandated by federal law or an agency of any state authorized to
receive and investigate reports of a child known or suspected to be in need of
care.

(f) A military enclave or Indian tribal organization authorized to receive
and investigate reports of a child known or suspected to be in need of care.

(g) A county or district attorney with responsibility for filing a petition
pursuant to
K.S.A. 2009 Supp.
38-2214, and amendments thereto.

(h) A court services officer who has taken a child into custody pursuant to
K.S.A. 2009 Supp.
38-2231, and amendments thereto.

(i) An intake and assessment worker.

(j) Any community corrections program which has the child under court
ordered supervision.

(k) The department of health and environment or persons authorized by the
department of health and environment pursuant to K.S.A. 65-512, and amendments
thereto, for the purpose of carrying out responsibilities relating to licensure
or registration of child care providers as required by article 5 of chapter 65
of the Kansas Statutes Annotated, and amendments thereto.

History: L. 2004, ch. 178, § 2; July 1.

38-2211: Access to official and social file;
preservation of records.
(a) Access to the official file. The following persons or entities
shall have access to the official file of a child in need of care proceeding
pursuant to this code:

(1) The court having jurisdiction over the proceedings, including the
presiding judge and any court personnel designated by the judge.

(2) The parties to the proceedings and their attorneys.

(3) The guardian ad litem for a child who is the subject
of the proceeding.

(4) A court appointed special advocate for a child who is the subject
of the proceeding or a paid staff member of a court appointed special
advocate program.

(5) Any individual, or any public or private agency or institution, having
custody of the child under court order or providing educational, medical or
mental health services to the child or any placement provider or potential
placement provider as determined by the secretary or court services officer.

(6) A citizen review board.

(7) The commissioner of juvenile justice or any agents designated
by the commissioner.

(8) Any other person when authorized by a court order, subject to any
conditions imposed by the order.

(9) The commission on judicial performance in the discharge of the
commission's duties pursuant to article 32 of chapter 20 of the Kansas Statutes
Annotated, and amendments thereto.

(b) Access to the social file. The following persons or entities
shall have access to the social file of a child in need of care proceeding
pursuant to this code:

(1) The court having jurisdiction over the proceeding, including the
presiding judge and any court personnel designated by the judge.

(2) The attorney for a party to the proceeding or the person or persons
designated by an Indian tribe that is a party.

(3) The guardian ad litem for a child who is the subject
of the proceeding.

(4) A court appointed special advocate for a child who is the subject
of the proceeding or a paid staff member of a court appointed special
advocate program.

(5) A citizen review board.

(6) The secretary.

(7) The commissioner of juvenile justice or any agents designated by the
commissioner.

(8) Any other person when authorized by a court order, subject to any
conditions imposed by the order.

(c) Preservation of records. The Kansas state historical society
shall be allowed to take possession for preservation in the state archives of
any court records related to proceedings under the Kansas code for care of
children whenever such records otherwise would be destroyed. No such records in
the custody of the Kansas state historical society shall be disclosed directly
or indirectly to anyone for 70 years after creation of the records, except as
provided in subsections (a) and (b). Pursuant to subsections (a)(8) and (b)(8),
a judge of the district court may allow inspection for research purposes of any
court records in the custody of the Kansas state historical society related to
proceedings under the Kansas code for care of children.

38-2212: Appropriate and necessary access; exchange
of information; court ordered disclosure; limited public information.
(a) Principle of appropriate access. Information contained in
confidential agency records concerning a child alleged or adjudicated to be in
need of care may be disclosed as provided in this section. Disclosure shall in
all cases be guided by the principle of providing access only to persons or
entities with a need for information that is directly related to achieving the
purposes of this code.

(b) Free exchange of information. Pursuant to
K.S.A. 2009 Supp.
38-2210, and amendments thereto, the secretary, agents of the secretary and
juvenile intake and assessment agencies shall participate in the free exchange
of information concerning a child who is alleged or adjudicated to be in need
of care.

(c) Necessary access. The following persons or entities shall have
access to
information from agency records. Access shall be limited to information
reasonably necessary to carry out their lawful responsibilities, to maintain
their personal safety and the personal safety of individuals in their care, or
to educate, diagnose, treat, care for or protect a child alleged to be in need
of care. Information authorized to be disclosed pursuant to this subsection
shall not contain information which identifies a reporter of a child who is
alleged or adjudicated to be a child in need of care.

(1) A child named in the report or records, a guardian ad litem
appointed for the child and the child's attorney.

(2) A parent or other person responsible for the welfare of a child,
or such person's legal representative.

(3) A court-appointed special advocate for a child, a citizen review board
or other advocate which reports to the court.

(4) A person licensed to practice the healing arts or mental health
profession in order to diagnose, care for, treat or supervise: (A) A child whom
such service provider reasonably suspects may be in need of care; (B) a member
of the child's family; or (C) a person who allegedly abused or neglected
the child.

(5) A person or entity licensed or registered by the secretary of health
and environment or approved by the secretary of social and rehabilitation
services to care for, treat or supervise a child in need of care.

(6) A coroner or medical examiner when such person is determining the cause
of death of a child.

(7) The state child death review board established under K.S.A. 22a-243, and
amendments thereto.

(8) An attorney for a private party who files a petition pursuant to
subsection (b) of
K.S.A. 2009 Supp.
38-2233, and amendments thereto.

(9) A foster parent, prospective foster parent, permanent custodian,
prospective permanent custodian, adoptive parent or prospective adoptive
parent. In order to assist such person's in making an informed decision
regarding acceptance of a particular child, to help the family anticipate
problems which may occur during the child's placement, and to help the family
meet the needs of the child in a constructive manner, the secretary shall seek
and shall provide the following information to such person's as the information
becomes available to the secretary:

(A) Strengths, needs and general behavior of the child;

(B) circumstances which necessitated placement;

(C) information about the child's family and the child's relationship to the
family which may affect the placement;

(D) important life experiences and relationships which may affect the child's
feelings, behavior, attitudes or adjustment;

(E) medical history of the child, including third-party coverage which may be
available to the child; and

(F) education history, to include present grade placement, special strengths
and weaknesses.

(10) The state protection and advocacy agency as provided by subsection
(a)(10) of K.S.A. 65-5603 or subsection (a)(2)(A) and (B) of K.S.A. 74-5515,
and amendments thereto.

(11) Any educational institution to the extent necessary to enable the
educational institution to provide the safest possible environment for its
pupils and employees.

(12) Any educator to the extent necessary to enable the educator to protect
the personal safety of the educator and the educator's pupils.

(13) Any other federal, state or local government executive branch entity or
any agent of such entity, having a need for such information in order to carry
out such entity's responsibilities under the law to protect children from abuse
and neglect.

(d) Specified access. The following persons or entities shall have
access to information contained in agency records as specified. Information
authorized to be disclosed pursuant to this subsection shall not contain
information which identifies a reporter of a child who is alleged or
adjudicated to be a child in need of care.

(1) Information from confidential agency records of the department of social
and rehabilitation services, a law enforcement agency or any juvenile intake
and assessment worker of a child alleged or adjudicated to be in need of care
shall be available to members of the standing house or senate committee on
judiciary, house committee on corrections and juvenile justice, house committee
on appropriations, senate committee on ways and means, legislative post audit
committee and any joint committee with authority to consider children's and
families' issues, when carrying out such member's or committee's official
functions in accordance with K.S.A. 75-4319 and amendments thereto, in a closed
or executive meeting. Except in limited conditions established by 2/3 of the
members of such committee, records and reports received by the committee shall
not be further disclosed. Unauthorized disclosure may subject such member to
discipline or censure from the house of representatives or senate. The
secretary of social and rehabilitation services shall not summarize the outcome
of department actions regarding a child alleged to be a child in need of care
in information available to members of such committees.

(2) The secretary of social and rehabilitation services may summarize the
outcome of department actions regarding a child alleged to be a child in need
of care to a person having made such report.

(3) Public disclosure of information from confidential reports or records of
a child alleged or adjudicated to be a child in need of care shall be limited
to:

(A) Confirmation of factual details with respect to how the case was handled,
provided, however, that the information does not violate the privacy of the
child, or the child's siblings, parents or guardians.

(B) Confidential information may be released to the public only with the
express written permission of the individuals involved or their
representatives.

(e) Court order. Notwithstanding the provisions of this section, a
court of competent jurisdiction, after in camera inspection, may order
disclosure of confidential agency records pursuant to a determination that the
disclosure is in the best interests of the child who is the subject of the
reports or that the records are necessary for the proceedings of the court and
otherwise admissible as evidence. The court shall specify the terms of
disclosure and impose appropriate limitations.

(f) (1) Notwithstanding any other provision of law to the contrary,
except as provided in paragraph (2), in the event that child abuse or neglect
results in a child fatality or near fatality, reports or records of a child in
need of care received by the department of social and rehabilitation services,
a law enforcement agency or any juvenile intake and assessment worker shall
become a public record and subject to disclosure pursuant to K.S.A. 45-215, and
amendments thereto. Within seven days of receipt of a request in accordance
with the procedures adopted under K.S.A. 45-220, and amendments thereto, the
secretary shall notify any affected individual that an open records request has
been made concerning such records. The secretary or any affected individual may
file a motion requesting the court to prevent disclosure of such record or
report, or any select portion thereof. If the affected individual does not file
such motion within seven days of notification, and the secretary has not filed
a motion, the secretary shall release the reports or records. In reviewing such
motion, the court shall consider the effect such disclosure may have upon an
ongoing criminal investigation, a pending prosecution, or the privacy of the
child, if living, or the child's siblings, parents or guardians. Nothing herein
is intended to require that an otherwise privileged communication lose its
privileged character. If the court grants such motion, the court shall make
written findings on the record justifying the closing of the records. For
reports or records requested pursuant to this subsection, the time limitations
specified in this subsection shall control to the extent of any inconsistency
between this subsection and K.S.A. 45-218, and amendments thereto. As used in
this section, "near fatality" means an act that, as certified by a person
licensed to practice medicine and surgery, places the child in serious or
critical condition.

(2) Nothing in this subsection shall allow the disclosure of reports, records
or documents concerning the child and such child's biological parents which
were created prior to such child's adoption.

38-2213: Records of law enforcement agencies;
limited disclosure; exchange of information; access; court ordered
disclosure.
(a) Principle of limited disclosure. Information contained in
confidential law enforcement records concerning a child alleged or adjudicated
to be in need of care may be disclosed as provided in this section. Disclosure
shall in all cases be guided by the principle of providing access only to
persons or entities with a need for information that is directly related to
achieving the purposes of this code.

(b) Free exchange of information. Pursuant to
K.S.A. 2009 Supp.
38-2210, and amendments thereto, a law enforcement agency shall participate in
the free exchange of information concerning a child who is alleged or
adjudicated to be in need of care.

(c) Access to information in law enforcement records. In order
to discharge their official duties, the following persons or entities shall
have access to confidential law enforcement records concerning a child alleged
or adjudicated to be in need of care.

(1) The court having jurisdiction over the proceedings, including the
presiding judge and any court personnel designated by the judge.

(2) The secretary.

(3) The commissioner of juvenile justice.

(4) Law enforcement officers or county or district attorneys or their staff.

(5) Any juvenile intake and assessment worker.

(6) Members of a court-appointed multidisciplinary team.

(7) Any other federal, state or local government executive branch entity,
or any agent of such entity, having a need for such information in order to
carry out such entity's responsibilities under law to protect children from
abuse and neglect.

(d) Necessary access. The following persons or entities shall have
access to information from law enforcement records when reasonably necessary to
carry out their lawful responsibilities, to maintain their personal safety and
the personal safety of individuals in their care, or to educate, diagnose,
treat, care for or protect a child alleged or adjudicated to be in need of
care. Information authorized to be disclosed in this subsection shall not
contain information which identifies a reporter of a child alleged or
adjudicated to be a child in need of care.

(1) Any individual, or public or private agency authorized by a properly
constituted authority to diagnose, care for, treat or supervise a child who is
the subject of a report or record of child abuse or neglect, including
physicians, psychiatrists, nurses, nurse practitioners, psychologists, licensed
social workers, child development specialists, physician assistants, community
mental health workers, alcohol and drug abuse counselors, and licensed or
registered child care providers.

(2) School administrators shall have access to but shall not copy law
enforcement records and may disclose information to teachers, paraprofessionals
and other school personnel as necessary to meet the educational needs of the
child or to protect the safety of students and school employees.

(3) The department of health and environment or persons authorized by the
department of health and environment pursuant to K.S.A. 65-512, and amendments
thereto, for the purposes of carrying out responsibilities relating to
licensure or registration of child care providers as required by article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.

(e) Legislative access. Information from law enforcement records
of a child alleged or adjudicated to be in need of care shall be available to
members of the standing house or senate committee on judiciary, house committee
on corrections and juvenile justice, house committee on appropriations, senate
committee on ways and means, legislative post audit committee and any joint
committee with authority to consider children's and families' issues, when
carrying out such member's or committee's official functions in accordance with
K.S.A. 75-4319 and amendments thereto, in a closed or executive meeting. Except
in limited conditions established by 2/3 of the members of such committee,
records and reports received by the committee shall not be further disclosed.
Unauthorized disclosure may subject such member to discipline or censure from
the house of representatives or senate.

(f) Court order. Notwithstanding the provisions of this section, a
court of competent jurisdiction, after in camera inspection, may order
disclosure of confidential law enforcement records pursuant to a determination
that the disclosure is in the best interests of the child who is the subject of
the reports or that the records are necessary for the proceedings of the court
and otherwise admissible as evidence. The court shall specify the terms of
disclosure and impose appropriate limitations.

38-2214: Duties of county or district
attorney.
It shall be the duty of the county or district attorney or
the county or district attorney's designee to
prepare and file the
petition alleging a child to be a child in need of care, and to appear at the
hearing on the petition and
to present evidence as necessary, at all stages of the proceedings, that will
aid the court in making
appropriate decisions. The county or district attorney or the county or
district attorney's designee shall also have the
other duties required by this
code.
Pursuant to a written
agreement between the secretary and the county or district attorney, the
attorneys for the secretary may perform the duties of the county or district
attorney after disposition has been determined by the court.

History: L. 2006, ch. 200, § 9; Jan. 1, 2007.

38-2215: Docket fee and expenses.
(a) Docket fee. The docket fee for proceedings under this code, if
one is assessed as provided in this section, shall be $34.
Only one docket fee shall be assessed in each case.
Except as provided further, the docket fee established in this
section
shall be the only fee collected or moneys in the nature of a fee collected for
the docket fee. Such fee shall only be established by an act of the legislature
and no other authority is established by law or otherwise to collect a fee.
On and
after July 1, 2009 through June 30, 2010, the supreme court may impose an
additional charge, not to exceed $10 per docket
fee, to fund the
costs
of
non-judicial personnel.

(b) Expenses. The expenses for proceedings under this code,
including fees and mileage
allowed witnesses and fees and expenses approved by the court for appointed
attorneys, shall be paid
by the board of county commissioners from the general fund of the county.

(c) Assessment of docket fee and expenses. (1) Docket
fee. The docket fee may be assessed
or waived by the court conducting the initial dispositional hearing and the
docket fee may be
assessed against the complaining witness or person initiating the proceedings
or a party or interested
party other than the state, a political subdivision of the state, an agency of
the state or of a political
subdivision of the state, or a person acting in the capacity of an employee of
the state or of a political
subdivision of the state. Any docket fee received shall be remitted to the
state treasurer pursuant to
K.S.A. 20-362, and amendments thereto.

(2) Expenses. Expenses may be assessed against the complaining
witness, a person initiating
the proceedings, a party or an interested party, other than the state, a
political
subdivision of the state, an
agency of the state or of a political subdivision of the state or a person
acting in the capacity of an
employee of the state or of a political subdivision of the state. When
expenses are recovered from a person against whom they have been assessed the
general fund of the county shall be reimbursed in
the amount of the recovery. If it appears to the court in any proceedings
under this code that
expenses were unreasonably incurred at the request of any party the court may
assess that portion
of the expenses against the party.

(d) Cases in which venue is transferred. If venue is transferred
from one county to another,
the court from which the case is transferred shall send to the receiving court
a statement of expenses
paid from the general fund of the sending county. If the receiving court
collects any of the expenses
owed in the case, the receiving court shall pay to the sending court an amount
proportional to the
sending court's share of the total expenses owed to both counties. The
expenses of the sending
county shall not be an obligation of the receiving county except to the extent
that the sending
county's proportion of the expenses is collected by the receiving court. All
amounts collected shall
first be applied toward payment of the docket fee.

38-2216: Expense of care and custody of
child.
(a) How paid. (1) If a child alleged or adjudged
to be
a child in need of care is
not eligible for assistance under K.S.A. 39-709, and amendments thereto,
expenses for the care and
custody of the child shall be paid out of the general fund of the county in
which the proceedings are
brought. For the purpose of this section, a child who is a nonresident of the
state of Kansas or whose
residence is unknown shall have residence in the county where the proceedings
are instituted.

(2) When a law enforcement officer has taken a child into custody as
authorized by
subsection (b) of
K.S.A. 2009 Supp.
38-2231, and amendments thereto, and
delivered the child
to a person or facility
designated by the secretary or when custody of a child is awarded to the
secretary, the expenses of
the care and custody of the child may be paid by the secretary, even though the
child does not meet
the eligibility standards of K.S.A. 39-709, and amendments thereto.

(3) When the custody of a child is awarded to the secretary, the expenses of
the care and
custody of the child shall not be paid out of the county general fund.

(4) Nothing in this section shall be construed to mean that any person shall
be relieved of
legal responsibility to support a child.

(b) Reimbursement to county general fund. (1) When
expenses for the care and custody of
a child alleged or adjudged to be a child in need of care have been paid out of
the county general
fund, the court may fix a time and place for hearing on the question of
requiring payment or
reimbursement of all or part of the expenses by a person who by law is liable
to maintain, care for
or support the child.

(2) The court, after notice to the person who by law is liable to maintain,
care for or support
the child, may hear and dispose of the matter and may enter an order relating
to payment of expenses
for care and custody of the child. If the person willfully fails or refuses to
pay the sum, the person
may be adjudged in contempt of court and punished accordingly.

(3) The county may bring a separate action against a person who by law is
liable to maintain,
care for or support a child alleged or adjudged to be a child in need of care
for the reimbursement
of expenses paid out of the county general fund for the care and custody of the
child.

(c) Reimbursement to secretary. (1) When expenses for
the care and custody of a child
alleged or adjudged to be a child in need of care have been paid by the
secretary, the secretary may
recover the expenses pursuant to K.S.A. 39-709, 39-718b or 39-755, and
amendments thereto, or as
otherwise provided by law, from any person who by law is liable to maintain,
care for or support the
child.

(2) The secretary shall have the power to compromise and settle any claim due
or any amount
claimed to be due to the secretary from any person who by law is liable to
maintain, care for or support the child.

History: L. 2006, ch. 200, § 11; Jan. 1, 2007.

38-2217: Health services.
(a) Physical or mental care and treatment. (1)
When a child less than 18 years
of age is alleged to have been physically, mentally or emotionally abused or
neglected or sexually
abused, no consent shall be required to medically examine the child to
determine whether the child
has been abused or neglected. Unless the child is alleged or suspected to have
been abused by the parent or guardian, the investigating officer shall notify
or attempt to notify the parent or guardian of the medical examination of the
child.

(2) When the health or condition of a child who is subject to jurisdiction
of the court requires
it, the court may consent to the performing and furnishing of hospital,
medical, surgical or dental
treatment or procedures, including the release and inspection of medical or
dental records. A child,
or parent of any child, who is opposed to certain medical procedures authorized
by this subsection
may request an opportunity for a hearing thereon before the court. Subsequent
to the hearing, the
court may limit the performance of matters provided for in this subsection or
may authorize the
performance of those matters subject to terms and conditions the court
considers proper.

(3) The custodian or agent of the custodian is the personal
representative for the purpose
of consenting to disclosure
of otherwise protected health information and may give consent to the
following:

(A) Dental treatment for the child by a licensed dentist;

(B) diagnostic examinations of the child, including but not limited to the
withdrawal of blood
or other body fluids, x-rays and other laboratory examinations;

(C) releases and inspections of the child's medical history records;

(D) immunizations for the child;

(E) administration of lawfully prescribed drugs to the child;

(F) examinations of the child including, but not limited to, the withdrawal
of blood or other
body fluids or tissues for the purpose of determining the child's
parentage; and

(G) subject to limitations in K.S.A. 59-3075(e)(4), (5) and (6), and
amendments thereto, medical or
surgical care determined by a physician to be necessary for the welfare of such
child, if the parents are not available or refuse to consent.

(4) When the court has
adjudicated a child to be in need of care,
the custodian or an agent designated by the custodian
is the
personal representative for the purpose of consenting to disclosure of
otherwise protected health
information and shall have authority to consent to the performance and
furnishing of hospital,
medical, surgical or dental treatment or procedures or mental care or treatment
other than inpatient
treatment at a state psychiatric hospital, including the release and inspection
of medical or hospital
records, subject to terms and conditions the court considers proper
and subject to the limitations of K.S.A. 59-3075 (e)(4), (5) and (6), and
amendments thereto.

(5) Any health care provider who in good faith renders hospital, medical,
surgical, mental
or dental care or treatment to any child or discloses protected health
information as authorized by
this section shall not be liable in any civil or criminal action for failure to
obtain consent of a parent.

(6) Nothing in this section shall be construed to mean that any person shall
be relieved of
legal responsibility to provide care and support for a child.

(b) Care and treatment requiring court action. If it
is brought to the court's attention, while
the court is exercising jurisdiction over the person of a child under this
code, that the child may be
a mentally ill person as defined in K.S.A. 59-2946, and amendments
thereto, or a person
with an alcohol or substance abuse problem as defined in K.S.A. 59-29b46, and
amendments thereto, the court may:

(1) Direct or authorize the county or district attorney or the person
supplying the information
to file the petition provided for in K.S.A. 59-2957, and amendments
thereto, and
proceed to hear and determine the issues raised by the application as provided
in the care and
treatment act for mentally ill persons or the petition provided for in K.S.A.
59-29b57,
and amendments thereto, and proceed to hear and determine the issues raised by
the application as
provided in the care and treatment act for persons with an alcohol or substance
abuse problem; or

(2) authorize that the child seek voluntary admission to a treatment facility
as provided in
K.S.A. 59-2949, and amendments thereto, or K.S.A 59-29b49,
and
amendments thereto.

The application to determine whether the child is a mentally ill person or a
person with an
alcohol or substance abuse problem may be filed in the same proceedings as the
petition alleging the
child to be a child in need of care, or may be brought in separate proceedings.
In either event, the
court may enter an order staying any further proceedings under this code until
all proceedings have
been concluded under the care and treatment act for mentally ill persons or the
care and treatment
act for persons with an alcohol or substance abuse problem.

History: L. 2006, ch. 200, § 12;
L. 2008, ch. 169, § 4; July 1.

38-2218: Educational decisions; educational
advocates for exceptional children.
(a) When the court has granted legal custody of a child in a
hearing under
the code to an agency, association or individual, the custodian or an agent
designated by the
custodian shall have authority to make educational decisions for the child if
the parents of the child
are unknown or unavailable. When the custodian of the child is the secretary,
and the parents of the
child are unknown or unavailable, and the child appears to be an exceptional
child who requires
special education, the secretary shall immediately notify the state board of
education, or a designee
of the state board, and the school district in which the child is residing that
the child is in need of an
education advocate. As used in this section, a parent is unavailable if:

(1) Repeated attempts
have been made to contact the parent to provide notice of an IEP meeting and
secure the parent's participation and such attempts have been unsuccessful;

(2) having
been provided actual notice of an IEP meeting, the parent has failed or refused
to attend and participate in the meeting; or

(3) the parent's whereabouts are
unknown so that notice of an IEP meeting cannot be given to the parent.
As soon as possible after notification, the state board of
education, or its
designee, shall appoint an education advocate for the child.

(b) If the secretary changes the placement of a pupil from one school
district to
another or to another school within the same district, it shall be the duty of
the secretary to transfer, or make provision for the transfer, of all school
records of such pupil to the district or school to which the pupil is
transferred. Such school records shall be transferred at the same time that the
pupil is transferred or as soon as possible thereafter.

(c) As used in this section, the terms "exceptional child", "special
education",
and "education
advocate" have the meanings respectively ascribed thereto in the special
education for exceptional
children act, K.S.A. 72-961 et seq., and amendments thereto.
The term "pupil" means a child living in
a school district as a result of a placement therein by the secretary pursuant
to this code.

History: L. 2006, ch. 200, § 13; Jan. 1, 2007.

38-2219: Evaluation of development or needs of
child.
(a) Of the child. (1) Psychological or
emotional. During proceedings under this
code, the court, on its own motion or the motion of the guardian ad
litem for the child, a party or
interested party, may order an evaluation and written report of the
psychological or emotional
development or needs of a child who is the subject of the proceedings. The
court may refer the child
to a state institution for the evaluation if the secretary advises the court
that the facility is a suitable
place to care for, treat or evaluate the child and that space is available.
The expenses of
transportation to and from the state facility may be paid as a part of the
expenses of temporary care
and custody. The child may be referred to a mental health center or qualified
professional for
evaluation and the expenses of the evaluation may be considered as expenses of
the proceedings and
assessed as provided in this code. If the court orders an evaluation as
provided in this section, a
parent of the child shall have the right to obtain an independent evaluation at
the expense of the
parent.

(2) Medical. During proceedings under this code, the court may
order an examination and
report of the medical condition and needs of a child who is the subject of the
proceedings. The court
may also order a report from any physician who has been attending the child
stating the diagnosis,
condition and treatment afforded the child.

(3) Educational. During proceedings under this code, the court may
order the chief
administrative officer of the school which the child attends or attended to
provide to the court
information that is readily available which the school officials believe would
properly indicate the
educational needs of the child. The order may direct that the school conduct
an educational needs
assessment of the child and send a report of the assessment to the court. The
educational needs
assessment may include a meeting involving any of the following: The child's
parents; the child's
teachers; the school psychologist; a school special services representative; a
representative of the secretary; the child's court-appointed special advocate;
the child's foster parents, legal
guardian and
permanent custodian; a court services officer; and other persons that the chief
administrative officer
of the school or the officer's designee considers appropriate.

(b) Physical, psychological or emotional status of parent or
custodian. During proceedings under
this code, the court may order: (1) An examination, evaluation and report of
the physical, mental or
emotional status or needs of a parent, a person residing with a parent or any
person being considered
as one to whom the court may grant custody; and

(2) written reports from any qualified person concerning the parenting skills
or ability to
provide for the physical, mental or emotional needs and future development of a
child by a parent
or any person being considered as one to whom the court may grant custody.

(c) Confidentiality of reports. (1) Reports
of court
ordered examination or evaluation. No
confidential relationship of physician and patient, psychologist and client or
social worker and client
shall arise from an examination or evaluation ordered by the court.

(2) Report from private physician, psychologist or therapist.
When any interested party or
party to proceedings under this code wishes the court to have the benefit of
information or opinion
from a physician, psychologist, registered marriage and family therapist or
social worker with whom
there is a confidential relationship, the party or interested party may waive
the confidential
relationship but restrict the information to be furnished or testimony to be
given to those matters
material to the issues before the court. If requested, the court may make an
in camera examination
of the proposed witness or the file of the proposed witness and excise any
matters that are not
material to the issues before the court.

(d) Reports prepared by a court-appointed special advocate or by the
secretary. All reports prepared by a court-appointed special advocate or
by the
secretary shall be filed with the court and shall be made available as provided
in subsection (e).

(e) Availability of reports. (1) All reports provided for in this
section shall be filed with the court and shall be made available to counsel
for any party or interested party prior to any scheduled hearing on any matter
addressed by the
report. If any party or interested party is not represented by counsel, the
report shall be made
available to that party.

(2) All reports provided for in this section may be read by the court at any
stage of a proceeding under this code, but no fact or conclusion derived from a
report shall be used as the basis for an order of the court unless the
information has been admitted into evidence following an opportunity for
any party or interested party to examine, under oath, the person who prepared
the report. If the
court is in possession of a report that has not been offered into evidence, the
court shall inquire whether there is an objection to admitting the report into
evidence. If there is no objection, the court may admit the report into
evidence.

History: L. 2006, ch. 200, § 14;
L. 2007, ch. 57, § 2; Apr. 5.

38-2220: Parentage.
(a) If the court determines that the information contained
in the
petition
concerning parentage of the child may be incomplete or incorrect, the court
shall determine whether
the question has been previously adjudicated and whether service of process
should be made on
some additional person.

(b) If it appears that the issue of parentage needs to be adjudicated, the
court shall stay child
support proceedings, if any are pending in the case, with respect to that
alleged parent and child
relationship, until the dispute is resolved by agreement, by a separate action
under the Kansas
parentage act, K.S.A. 38-1110 et seq., and amendments thereto, or otherwise.
Nothing in this
subsection shall be construed to limit the power of the court to carry out the
purposes of the code.

History: L. 2006, ch. 200, § 15; Jan. 1, 2007.

38-2221: Fingerprints and photographs.
(a) Fingerprints or photographs of a person alleged or
adjudicated to be a child
in need of care may be taken:

(1) By a person authorized to investigate an allegation or suspicion of
child abuse or neglect
to obtain and preserve evidence or to determine the identity of a child;

(3) if authorized by a judge of the district court having jurisdiction.

(b) Fingerprints and photographs taken under subsection (a) (3): (1) Shall be
kept separate
from those of persons of the age of majority; and

(2) may be sent to a state or federal repository only if authorized by a
judge of the district court having jurisdiction.

(c) Nothing in this section shall preclude the custodian of the child from
authorizing
photographs or fingerprints of the child to:

(1) Be used in any action under the Kansas parentage act;

(2) assist in the apprehension of a runaway child;

(3) assist in the adoption or other permanent placement of a child; or

(4) provide the child or the child's parents with a history of the child's
life and development.

(d) For purposes of this section, the term photograph means an image or
likeness of a child made or reproduced by any medium or means.

History: L. 2006, ch. 200, § 16; Jan. 1, 2007.

38-2222: Public information and educational program;
reporting of suspected abuse or neglect.
The secretary shall conduct a continuing public information
and educational program concerning the reporting of suspected abuse or neglect
for local staff of the department of social and rehabilitation services, for
persons required to report under this code and for other appropriate persons.

History: L. 2006, ch. 200, § 17; Jan. 1, 2007.

38-2223: Reporting of certain abuse or neglect of
children; persons reporting; reports, made to whom; penalties; immunity from
liability.
(a) Persons making reports. (1) When any of the
following persons has reason to suspect that a child has been harmed as a
result of physical, mental or emotional abuse or neglect or sexual abuse, the
person shall report the matter promptly as provided in subsections (b) and (c);

(A) The following persons providing medical care or treatment: Persons
licensed to practice the healing arts, dentistry and optometry; persons
engaged in postgraduate training programs approved by the state board of
healing arts; licensed professional or practical nurses; and chief
administrative officers of medical care facilities;

(B) the following persons licensed by the state to provide mental health
services: Licensed
psychologists, licensed masters level psychologists, licensed clinical
psychotherapists, licensed social
workers, licensed marriage and family therapists, licensed clinical marriage
and family therapists,
licensed professional counselors, licensed clinical professional counselors and
registered alcohol and
drug abuse counselors;

(C) teachers, school administrators or other employees of an educational
institution which
the child is attending and persons licensed by the secretary of health and
environment to provide
child care services or the employees of persons so licensed at the place where
the child care services
are being provided to the child; and

(2) In addition to the reports required under subsection (a)(1), any person
who has reason to
suspect that a child may be a child in need of care may report the matter as
provided in
subsection (b) and (c).

(b) Form of report. (1) The report may be made orally and shall
be followed by a written report if
requested. Every report shall contain, if known: The names and addresses of
the child and the child's
parents or other persons responsible for the child's care; the location of the
child if not at the child's
residence; the child's gender, race and age; the reasons why the reporter
suspects the child may be
a child in need of care; if abuse or neglect or sexual abuse is suspected, the
nature and extent of the
harm to the child, including any evidence of previous harm; and any other
information that the
reporter believes might be helpful in establishing the cause of the harm and
the identity of the persons responsible for the harm.

(2) When reporting a suspicion that a child may be in need of care, the
reporter shall disclose
protected health information freely and cooperate fully with the secretary and
law enforcement
throughout the investigation and any subsequent legal process.

(c) To whom made. Reports made pursuant to this section shall be
made to the secretary, except as
follows:

(1) When the department of social and rehabilitation services is not open for
business, reports
shall be made to the appropriate law enforcement agency. On the next day that
the department is
open for business, the law enforcement agency shall report to the department
any report received and
any investigation initiated pursuant to
K.S.A. 2009 Supp.
38-2226,
and amendments thereto. The reports may be made
orally or, on request of the secretary, in writing.

(2) Reports of child abuse or neglect occurring in an institution operated by
the secretary of
social and rehabilitation services or the commissioner of
juvenile justice shall be made to the
attorney general. All other reports of child abuse or neglect by persons
employed by or of children
of persons employed by the department of social and rehabilitation services
shall be made to the
appropriate law enforcement agency.

(d) Death of child. Any person who is required by this section to
report a suspicion that a child is
in need of care and who knows of information relating to the death of a child
shall immediately
notify the coroner as provided by K.S.A. 22a-242, and amendments thereto.

(e) Violations. (1) Willful and knowing failure to make a report
required by
this section is a class B
misdemeanor. It is not a defense that another mandatory reporter made a
report.

(2) Intentionally preventing or interfering with the making of a report
required by this section
is a class B misdemeanor.

(3) Any person who willfully
and knowingly makes a false report pursuant to this section or makes a report
that such person knows lacks factual foundation is guilty of a class B
misdemeanor.

(f) Immunity from liability. Anyone who, without malice,
participates in the making of a
report to the secretary or a law enforcement agency relating to a suspicion a
child may be a child in
need of care or who participates in any activity or investigation relating to
the report or who
participates in any judicial proceeding resulting from the report shall have
immunity from any civil
liability that might otherwise be incurred or imposed.

History: L. 2006, ch. 200, § 18; Jan. 1, 2007.

38-2224: Same; employer prohibited from imposing
sanctions on employee making report or cooperating in investigation;
penalty.
(a) No employer shall terminate the employment of, prevent
or
impair the
practice or occupation of, or impose any other sanction on, any employee
because the employee
made an oral or written report to, or cooperated with an investigation by, a
law enforcement agency
or the secretary relating to harm inflicted upon a child which was suspected by
the employee of
having resulted from the physical, mental or emotional abuse or neglect or
sexual abuse of the child.

(b) Violation of this section is a class B misdemeanor.

History: L. 2006, ch. 200, § 19; Jan. 1, 2007.

38-2225: Same; reporting of certain abuse or neglect
of children in institutions operated by the secretary; rules and
regulations.
The secretary shall adopt rules and regulations governing
the
reporting of
suspected child abuse or neglect that occurs in an institution operated by the
secretary. Such rules
and regulations shall specify those types of incidents which are required to
be reported.

History: L. 2006, ch. 200, § 20; Jan. 1, 2007.

38-2226: Investigation of reports; coordination
between agencies.
(a) Investigation for child abuse or neglect. The
secretary and law
enforcement officers shall have the duty to receive and investigate reports of
child abuse or neglect
for the purpose of determining whether the report is valid and whether action
is required to protect
a child. Any person or agency which maintains records relating to the involved
child which are
relevant to any investigation conducted by the secretary or law enforcement
agency under this code
shall provide the secretary or law enforcement agency with the necessary
records to assist in investigations. In order to provide such records, the
person or agency maintaining the records shall
receive from the secretary or law enforcement: (1) A written request for
information; and (2) a
written notice that the investigation is being conducted by the secretary or
law enforcement. If the
secretary and such officers determine that no action is necessary to protect
the child but that a
criminal prosecution should be considered, such law enforcement officers shall
make a report of the
case to the appropriate law enforcement agency.

(b) Joint investigations. When a report of child abuse or neglect
indicates: (1) That there is
serious physical harm to, serious deterioration of or sexual abuse of the
child; and (2) that action may
be required to protect the child, the investigation shall be conducted as a
joint effort between the
secretary and the appropriate law enforcement agency or agencies, with a free
exchange of
information between them pursuant to
K.S.A. 2009 Supp.
38-2210, and
amendments
thereto. If a
statement of a suspect is obtained by either agency, a copy of the statement
shall be provided to the
other.

(c) Investigation of certain cases. Suspected child abuse or
neglect which occurs in an
institution operated by the secretary shall be investigated by the attorney
general. Any other
suspected child abuse or neglect by persons employed by the department of
social and rehabilitation
services shall be investigated by the appropriate law enforcement agency.

(d) Coordination of investigations by county or district attorney.
If a dispute develops
between agencies investigating a reported case of child abuse or neglect, the
appropriate county or
district attorney shall take charge of, direct and coordinate the
investigation.

(e) Investigations concerning certain facilities. Any
investigation involving a facility subject
to licensing or regulation by the secretary of health and environment shall be
promptly reported to
the state secretary of health and environment.

(f) Cooperation between agencies. Law enforcement agencies and
the secretary shall assist
each other in taking action which is necessary to protect a child regardless
of which
agency conducted the initial investigation.

(g) Cooperation between school personnel and investigative
agencies. (1) Educational institutions, the secretary and law
enforcement
agencies
shall
cooperate with
each other in the investigation of reports of suspected child abuse or neglect.
The secretary and law
enforcement agencies shall have access to a child in a setting designated by
school personnel on the
premises of an educational institution. Attendance at an interview conducted
on such premises shall
be at the discretion of the agency conducting the interview, giving
consideration to the best interests
of the child. To the extent that safety and practical considerations allow,
law enforcement officers
on such premises for the purpose of investigating a report of suspected child
abuse or neglect shall
not be in uniform.

(2) The secretary or a law enforcement officer may request the presence of
school personnel
during an interview if the secretary or officer determines that the presence of
such person might
provide comfort to the child or facilitate the investigation.

History: L. 2006, ch. 200, § 21; Jan. 1, 2007.

38-2227: Child advocacy centers.
(a) A child advocacy center in this state shall:

(1) Be a private, nonprofit incorporated agency or a governmental entity.

(2) Have a neutral, child-focused facility where forensic interviews take
place with children
in appropriate cases of suspected or alleged physical, mental or emotional
abuse or sexual abuse. All agencies shall have a place to
interact with the child as
investigative or
treatment needs require.

(3) Have a minimum designated staff that is supervised and approved by the
local board of directors or governmental entity.

(4) Have a multidisciplinary team that meets on a regularly scheduled basis
or as the
caseload of the community requires. The team shall include, but not be limited
to, representatives
from the state or local office prosecuting such case, law enforcement, child
protective services,
mental health services, a victim's advocate, child advocacy center staff and
medical personnel.

(5) Provide case tracking of child abuse cases seen through the center. A
center shall also
collect data on the number of child abuse cases seen at the center, by sex,
race, age, and other
relevant data, the number of cases referred for prosecution, and the number of
cases referred for medical services or mental health therapy.

(6) Provide medical exam services or mental health therapy, or both, on site
at the child
advocacy center, or provide referrals for medical exams or mental health
therapy, or both, to a
facility not on the site of the child advocacy center.

(7) Have an interagency commitment, in writing, covering those aspects of
agency
participation in a multidisciplinary approach to the handling of cases
involving physical, mental or
emotional abuse.

(8) Provide that child advocacy center employees and volunteers at the center
are trained and
screened in accordance with K.S.A. 65-516, and amendments thereto.

(b) Any child advocacy center within this state that meets the standards
prescribed by this
section shall be eligible to receive state funds that are appropriated by the
legislature.

History: L. 2006, ch. 200, § 22; Jan. 1, 2007.

38-2228: Multidisciplinary team.
The court on its own motion or upon request may, at any
time,
appoint a
multidisciplinary team to assist in gathering information regarding a child
who may be or is a child
in need of care. The team may be a standing multidisciplinary team or may be
appointed for a
specific child. Any person appointed as a member of a multidisciplinary team
may decline to serve
and shall incur no civil liability as the result of declining to serve.

History: L. 2006, ch. 200, § 23; Jan. 1, 2007.

38-2229: Investigation of abuse or neglect;
subpoena; request to quash.
(a) The secretary, a law enforcement officer, or a
multidisciplinary team
appointed pursuant to
K.S.A. 2009 Supp.
38-2228, and amendments thereto, may
request
disclosure of documents,
reports or information in regard to a child, who is the subject of a report of
abuse or neglect, by
making a written verified application to the district court. Upon a finding by
the court that there is
probable cause to believe the information sought will assist in the
investigation of a report of child
abuse or neglect, the court may issue a subpoena, subpoena duces
tecum or an
order for the
production of the requested documents, reports or information and directing the
documents, reports
or information to be delivered to the applicant at a specific time, date and
place.

(b) The time and date of delivery shall not be sooner than five days after
the service of the
subpoena or order, excluding Saturdays, Sundays and holidays. The court
issuing the subpoena or
order shall keep all applications filed pursuant to this subsection and a copy
of the subpoena or order
in a special file maintained for that purpose. Upon receiving service of a
subpoena, subpoena duces
tecum or an order for production pursuant to this section, the person or
agency served shall give oral
or written notice of service to any person known to have a right to assert a
privilege or assert a right
of confidentiality in regard to the documents, reports or information sought at
least three days before
the date of delivery.

(c) Any parent, child, guardian ad litem, person or entity
subpoenaed or
subject to an order
of production or person or entity who claims a privilege or right of
confidentiality may request in
writing that the court issuing the subpoena or order of production quash the
subpoena, subpoena
duces tecum or order for production issued pursuant to this section.
The request shall automatically
stay the operation of the subpoena, subpoena duces tecum or order
for
production and the
documents, reports or information requested shall not be delivered until the
issuing court has held
a hearing to determine if the documents, reports or information are subject to
the claimed privilege
or right of confidentiality, and whether it is in the best interests of the
child for the subpoena or order
to produce to be honored. The request to quash shall be filed with the
district court issuing the
subpoena or order at least 24 hours prior to the specified time and date of
delivery, excluding
Saturdays, Sundays or holidays, and a copy of the written request must be given
to the person
subpoenaed or subject to the order for production at least 24 hours prior to
the specified time and
date of delivery.

History: L. 2006, ch. 200, § 24; Jan. 1, 2007.

38-2230: Same; duties of SRS.
Whenever any person furnishes information to the secretary
that a
child appears
to be a child in need of care, the department shall make a preliminary inquiry
to determine whether
the interests of the child require further action be taken. Whenever
practicable, the inquiry shall
include a preliminary investigation of the circumstances which were the subject
of the information,
including the home and environmental situation and the previous history of the
child. If reasonable
grounds to believe abuse or neglect exist, immediate steps shall be taken to
protect the health and
welfare of the abused or neglected child as well as that of any other child
under the same care who
may be harmed by abuse or neglect. After the inquiry, if the secretary
determines it is not otherwise
possible to provide those services necessary to protect the interests of the
child, the secretary shall
recommend to the county or district attorney that a petition be filed.

History: L. 2006, ch. 200, § 25; Jan. 1, 2007.

38-2231: Child under 18, when law enforcement
officers or court services officers may take into custody; sheltering a
runaway.
(a) A law enforcement officer or court services officer
shall
take a child under
18 years of age into custody when:

(1) The law enforcement officer or court services officer has a court order
commanding that
the child be taken into custody as a child in need of care; or

(2) the law enforcement officer or court services officer has probable cause
to believe that
a court order commanding that the child be taken into custody as a child in
need of care has been
issued in this state or in another jurisdiction.

(b) A law enforcement officer shall take a child under 18 years of age into
custody when:

(1) The law enforcement officer reasonably believes the child will be harmed
if not
immediately removed from the place or residence where the child has been found;
or

(2) when the officer has probable cause to believe that the child is a
missing person and a
verified missing person entry for the child can be found in the national crime
information center
missing person system.

(c) (1) If a person provides shelter to a child whom the person knows is a
runaway, such
person shall promptly report the child's location either to a law enforcement
agency or to the child's
parent or other custodian.

(2) If a person reports a runaway's location to a law enforcement agency
pursuant to this
section and a law enforcement officer of the agency has reasonable grounds to
believe that it is in
the child's best interests, the child may be allowed to remain in the place
where shelter is being
provided, subject to subsection (b), in the absence of a court order to the
contrary. If the child is
allowed to so remain, the law enforcement agency shall promptly notify the
secretary of the child's location and circumstances.

(d) A law enforcement officer may temporarily detain and assume temporary
custody of any
child subject to compulsory school attendance, pursuant to K.S.A. 72-1111, and
amendments thereto,
during the hours school is actually in session and shall deliver the child
pursuant to subsection (g)
of
K.S.A. 2009 Supp.
38-2232, and amendments thereto.

History: L. 2006, ch. 200, § 26; Jan. 1, 2007.

38-2232: Child under 18 taken into custody; duties
of officers; referral of cases for proceedings under this code and interstate
compact on juveniles; placed in shelter facility or with other person;
application of law enforcement officer; release of child.
(a) To the extent possible, when any law enforcement officer
takes
into custody
a child under the age of 18 years without a court order, the child shall
forthwith be delivered to the
custody of the child's parent or other custodian unless there are reasonable
grounds to believe that
such action would not be in the best interests of the child. Except as
provided in subsection (b), if
the child is not delivered to the custody of the child's parent or other
custodian, the child shall
forthwith be delivered to a shelter facility designated
by the court, court services officer, juvenile intake and assessment worker,
licensed attendant care
center or other person or, if the child is 15 years of age or younger, or 16
or 17 years of age if the child has no identifiable parental or family
resources or shows signs of physical, mental, emotional or
sexual abuse, to a facility or person designated by the secretary. If,
after delivery of the child to a shelter facility, the person in charge
of the
shelter facility at that time and the law enforcement officer determine that
the child will not remain
in the shelter facility and if the child is presently alleged, but not yet
adjudicated, to be a child
in need of care solely pursuant to subsection (d)(9) or (d)(10) of K.S.A. 2009
Supp. 38-2202, and amendments thereto, the law enforcement officer shall
deliver the child
to
a juvenile detention
facility or other secure facility, designated by the court, where the child
shall be detained for not
more than 24 hours, excluding Saturdays, Sundays and legal holidays. No child
taken into custody
pursuant to this code shall be placed in a juvenile detention facility or other
secure facility, except
as authorized by this section and by
K.S.A. 2009 Supp.
38-2242, 38-2243 and
38-2260, and amendments
thereto. It shall be the
duty of the law enforcement officer to furnish to the county or district
attorney, without unnecessary
delay, all the information in the possession of the officer pertaining to the
child, the child's parents
or other persons interested in or likely to be interested in the child and all
other facts and
circumstances which caused the child to be taken into custody.

(b) When any law enforcement officer takes into custody any child as provided
in subsection
(b)(2) of
K.S.A. 2009 Supp.
38-2231, and amendments thereto, proceedings shall
be initiated in
accordance with the
provisions of the interstate compact on juveniles, K.S.A. 38-1001 et seq., and
amendments thereto,
or
K.S.A. 2009 Supp.
38-1008, and amendments thereto, when effective. Any
child
taken into
custody pursuant to the interstate compact on juveniles may be detained in a
juvenile detention
facility or other secure facility.

(c) Whenever a child under the age of 18 years is taken into custody by a law
enforcement
officer without a court order and is thereafter placed as authorized by
subsection (a), the facility or
person shall, upon written application of the law enforcement officer, have
physical custody and
provide care and supervision for the child. The application shall state:

(1) The name and address of the child, if known;

(2) the names and addresses of the child's parents or nearest relatives and
persons with whom
the child has been residing, if known; and

(3) the officer's belief that the child is a child in need of care and that
there are reasonable
grounds to believe that the circumstances or condition of the child is such
that the child would be
harmed unless placed in the immediate custody of the shelter facility or
other person.

(d) A copy of the application shall be furnished by the facility or person
receiving the child
to the county or district attorney without unnecessary delay.

(e) The shelter facility or other person designated by the court who has
custody of the child
pursuant to this section shall discharge the child not later than 72 hours
following admission,
excluding Saturdays, Sundays and legal holidays, unless a court has entered an
order pertaining to
temporary custody or release.

(f) In absence of a court order to the contrary, the county or district
attorney or the placing
law enforcement agency shall have the authority to direct the release of the
child at any time.

(g) When any law enforcement officer takes into custody any child as provided
in subsection
(d) of
K.S.A. 2009 Supp.
38-2231, and amendments thereto, the child shall
forthwith be
delivered to the school in
which the child is enrolled, any location designated by the school in which the
child is enrolled or
the child's parent or other custodian.

History: L. 2006, ch. 200, § 27;
L. 2009, ch. 99, § 3; July 1.

38-2233: Filing of petition on referral by SRS or
other person; filing by individual.
(a) Whenever the secretary or any other person refers a
case to
the county or
district attorney for the purpose of filing a petition alleging that a child is
a child in need of care, the
county or district attorney shall review the facts, recommendations and any
other evidence available
and determine if the circumstances warrant filing a petition.

(b) Any individual may file a petition alleging a child is a child in need of
care and the
individual may be represented by the individual's own attorney in the
presentation of the case.

(c) When a petition is filed alleging an infant surrendered pursuant to
K.S.A. 2009 Supp.
38-2282, and
amendments thereto, is a child in need of care, the petition shall include a
request that the court find
that reintegration is not a viable alternative. Such petition also shall
include a request to terminate
the parental rights of the parents of such infant. An expedited hearing shall
be granted on any
petition filed pursuant to this subsection.

History: L. 2006, ch. 200, § 28; Jan. 1, 2007.

38-2234: Pleadings.
(a) Filing and contents of petition. (1) A
petition
filed to commence an action
pursuant to this code shall be filed with the clerk of the district court and
shall state, if known:

(A) The name, date of birth and residence address of the child;

(B) the name and residence address of the child's parents;

(C) the name and address of the child's nearest known relative if no parent
can be found;

(D) the name and residence address of any persons having custody or control
of the child; and

(E) plainly and concisely in the language of the statutory definition, the
basis for the petition.

(2) The petition shall also state the specific facts which are relied upon to
support the
allegation referred to in the preceding paragraph including any known dates,
times and locations.

(3) The proceedings shall be entitled: "In the Interest of ______________."

(4) The petition shall contain a request that the court find the child to be
a child in need of
care.

(5) The petition shall contain a request that the parent or parents be
ordered to pay child
support. The request for child support may be omitted with respect to a parent
already ordered to pay
child support for the child and shall be omitted with respect to one or both
parents upon written
request of the secretary.

(6) If the petition requests custody of the child to the secretary or a
person other than the child's parent, the petition shall specify the efforts
known to the petitioner to have been made to maintain the family and prevent
the transfer of custody, or it shall specify the facts demonstrating that an
emergency exists which threatens the safety to the child.

(7) If the petition requests removal of the child from the child's home, in
addition to the information required by
K.S.A. 2009 Supp.
38-2234 (a)(6), and
amendments
thereto, the petition shall specify the facts demonstrating that allowing the
child to remain in the home would be contrary to the welfare of the child or
that placement is in the best interests of the child and the child is likely to
sustain harm if not removed from the home.

(8) The petition shall contain the following statement: "If you do not appear
in court the court
will be making decisions without your input which could result in:

(A) The permanent or temporary removal of the child from the custody of the
parent or
present legal guardian;

(B) an order requiring one or both parents to pay child support until the
permanent
termination of one or both of the parents parental rights;

(C) the permanent termination of one or both of the parents parental rights;
and

(D) the appointment of a permanent custodian for the child.

If you cannot attend the hearing you may send a written response to the
petition to the clerk
of the court."

(9) The petition shall contain the following statement: "You may receive
further notices of
other hearings, proceedings and actions in this case which you may attend.
These notices will be
sent to you by first class mail to your last known address or an address you
provide to the court. It
is your responsibility to keep the court informed of your current address."

(b) Motions. Motions may be made orally or in writing. The motion
shall state with
particularity the grounds for the motion and shall state the relief or order
sought.

History: L. 2006, ch. 200, § 29; Jan. 1, 2007.

38-2235: Procedure upon filing of petition.
(a) Upon the filing of a petition under this code the court
shall
proceed by one
of the following methods:

(1) The court shall issue summons pursuant to
K.S.A. 2009 Supp.
38-2236, and
amendments
thereto, setting
the matter for hearing within 30 days of the date the petition is filed. The
summons, with a copy of
the petition attached, shall be served pursuant to
K.S.A. 2009 Supp.
38-2237,
and amendments
thereto.

(2) If the child has been taken into protective custody under the provisions
of
K.S.A. 2009 Supp.
38-2242, and
amendments thereto, and a temporary custody hearing is held as required by
K.S.A. 2009 Supp.
38-2243, and
amendments thereto, a copy of the petition shall be served at the hearing on
each party and interested
party in attendance and a record of service made a part of the proceedings.
The court shall announce
the time of the next hearing. Process shall be served on any party or
interested party not at the
temporary custody hearing pursuant to subsection (a)(1). Upon the written
request of the petitioner
or the county or district attorney, separate or additional summons shall be
issued to any party and
interested party.

(b) If the petition requests custody to the secretary, the court shall cause
a
copy of the
petition to be provided to the secretary upon filing.

History: L. 2006, ch. 200, § 30; Jan. 1, 2007.

38-2236: Summons; persons to be served; notice of
hearing.
(a) Persons to be served. The summons and a copy
of the
petition shall be
served on:

(1) The child alleged to be a child in need of care by serving the guardian
ad litem appointed
for the child;

(2) the parents or parent having legal custody or who may be ordered to pay
child support by
the court;

(3) the person with whom the child is residing; and

(4) any other person designated by the county or district attorney.

(b) A copy of the petition and notice of hearing shall be mailed by first
class mail to the
child's grandparents with whom the child does not reside.

History: L. 2006, ch. 200, § 31; Jan. 1, 2007.

38-2237: Service of process.
Summons, notice of hearings and
other process may
be served by one of the following methods:

(a) Personal and residence
service. Personal and
residence service is completed by service in substantial compliance with the
provisions of K.S.A. 60-303, and amendments thereto. Personal service upon an
individual outside the
state shall be made in substantial compliance with the applicable provisions of
K.S.A. 60-308, and amendments
thereto.

(b) Service by return receipt delivery. Service by return
receipt delivery is completed upon
mailing or sending only in accordance with the provisions of subsection (c) of
K.S.A. 60-303, and amendments thereto.

(c) First class mail service. Service may be made by first class
mail, addressed to the individual
to be served at the usual place of residence of the person with postage
prepaid, and is completed
upon the person appearing before the court in response thereto. If the person
fails to appear, the
summons, notice or other process shall be delivered by personal service,
residential service,
certified mail service or publication service.

(d) Service upon confined parent. If a parent of a child who is
the subject of proceedings under
this code is confined in a state or federal penal institution, state or federal
hospital or other
institution, service shall be made by return receipt delivery to addressee
only to both the person in charge of the institution and the
confined parent in care of the person in charge of the institution or that
person's designee. Personal service on a confined parent who
is
present in the
courtroom cures any defect in notice to the person in charge of the
institution.

(e) Service by publication. If service cannot be completed after
due diligence using any
other method provided in this section, service may be made by publication in
accordance with
this subsection. Before service by publication, the petitioner, or someone on
behalf of the petitioner, shall file an affidavit which shall state the affiant
has made an attempt, but unsuccessful, with due diligence to ascertain the
names or residences, or both, of the persons. The notice shall be published
once a week for two consecutive weeks in the newspaper authorized to publish
legal notices in the county where the petition is filed. If a parent cannot
be served by other
means and due diligence has revealed with substantial certainty that the parent
is residing in a particular locality, publication shall also be in a newspaper
authorized to publish legal notices in that locality.

(a) Personal or residential service. (1) Every officer to whom
summons or other process is
delivered for service within the state shall make written report of the place,
manner and date of
service of the process.

(2) Every officer to whom summons or other process shall be delivered for
service outside
this state shall make written report of the place, manner and time of service.

(3) If the process is, by order of the court, delivered to a person other
than an officer for
service that person shall report the place, manner and time of service by
affidavit.

(b) Service by mail. The clerk or a deputy clerk shall make a
written report of service by mail.

(c) Publication service. Service by publication shall be reported
by an affidavit showing the
dates upon and the newspaper in which the notice was published. A copy of the
published notice
shall be attached to the affidavit.

(d) Amendment of report. The judge may allow an amendment of a
report of service at any
time and upon terms as are deemed just to correctly reflect the true manner of
service.

History: L. 2006, ch. 200, § 33; Jan. 1, 2007.

38-2239: Service of other pleadings.
(a) Proceedings upon filing. Upon the filing of a
subsequent pleading, other than a petition, indicating the necessity for a
hearing, the court shall fix
the time and place for the hearing.

(b) Notice. The notice of hearing shall be given by the
clerk, unless otherwise ordered by
the court. The notice shall be dated the day it is issued, contain the name of
the court and the caption
in the case.

(c) Notification by first class mail. Unless other provisions of
this code expressly require service
of process, notice of motions and other pleadings filed subsequent to the
petition in connection with
the case and any hearings to be held on such motions or other pleadings may be
provided by first
class mail, postage prepaid, to any party or interested party who has been
served in accordance with
K.S.A. 2009 Supp.
38-2237, and amendments thereto. Such notice shall be sent to
the last
address provided to the
court by the party or interested party in question. Failure to appear shall not
invalidate notice by first
class mail. Notice by mail is not required if the court orally notifies a
party or interested party of the
time and place of the hearing.

History: L. 2006, ch. 200, § 34; Jan. 1, 2007.

38-2240: Subpoenas; witness fees.
(a) Subject to
K.S.A. 2009 Supp.
38-2241, and amendments thereto, a party
or interested party shall be entitled to the use of subpoenas and other
compulsory process to obtain the attendance of witnesses. Except as otherwise
provided by this code, subpoenas and other compulsory processes shall be issued
and served in the same manner and the disobedience thereof punished the same as
in other civil cases.

(b) The court shall have the power to compel the attendance of witnesses from
any county
in the state for proceedings under this code.

(c) Only witnesses who have been subpoenaed shall be allowed witness fees and
mileage.
No witness shall be entitled to be paid fees or mileage before the witness'
actual appearance at court.

History: L. 2006, ch. 200, § 35; Jan. 1, 2007.

38-2241: Additional parties.
(a) Jurisdiction of the court. Parties and
interested parties in a child in need of care proceedings are subject to the
jurisdiction of the court.

(b) Rights of parties. Subject to the authority of the court to
rule on the admissibility of evidence
and provide for the orderly conduct of the proceedings, the rights of parties
to participate in a child
in need of care proceeding include, but are not limited to:

(2) present oral or written evidence and argument, to call and
cross-examine witnesses; and

(3) representation by an attorney in accordance with
K.S.A. 2009 Supp.
38-2205, and
amendments
thereto.

(c) Grandparents as interested parties. (1) A grandparent of the
child shall be made an interested party to a child
in need of care
proceeding if the grandparent notifies the court of such grandparent's desire
to
become an interested
party. Notification may be made in writing, orally or by appearance at the
initial or a
subsequent hearing on the child in need of care petition.

(2) Grandparents with interested party status shall have the participatory
rights of parties
pursuant to subsection (b), except that the court may
restrict those rights
if the court finds that it would be in the best interests of the child.
A
grandparent may not be prevented under this paragraph from attending the
proceedings,
having access to the child's official file in the court records or making a
statement to the
court.

(d) Persons with whom the child has been residing as interested
parties. (1) Any person with whom the child has resided for a significant
period of
time within six
months of the date the child in need of care petition is filed shall be made an
interested party,
if such person notifies the court of such person's desire to become an
interested
party. Notification
may be made in writing, orally or by appearance at the initial or a subsequent
hearing on the
child in need of care petition.

(2) Persons with interested party status under this subsection shall have
the participatory
rights of parties pursuant to subsection (b), except that
the court may
restrict those rights if the court finds that it would be in the best interests
of the child.

(e) Other interested parties. (1) Any person with whom the child
has resided at any time, who is within
the fourth degree
of relationship to the child, or to whom the child has close emotional ties
may, upon motion,
be made an interested party if the court determines that it is in the best
interests of the child.

(2) Any other person or Indian tribe seeking to intervene that is not a
party may, upon motion, be made an interested party if the
court determines
that the person or tribe has a sufficient relationship with the child to
warrant
interested party status
or that the person's or tribe's participation would be beneficial to the
proceedings.

(3) The court may, upon its own motion, make any person an interested party
if the court
determines that interested party status would be in the best interests of the
child.

(f) Procedure for determining, denying or terminating interested party
status. (1) Upon the request of the court, the secretary shall
investigate the
advisability of granting
interested party status under this section and report findings and
recommendations to the
court.

(2) The court may deny or terminate interested party status under this
subsection if the court
determines, after notice and a hearing, that a person does not qualify
for interested party status or that there is good cause to deny or terminate
interested party status.

(3) A person who is denied interested party status or whose status as an
interested party has
been terminated may petition for review of the denial or termination by the
chief judge of the
district in which the court having jurisdiction over the child in need of care
proceeding is
located, or a judge designated by the chief judge. The chief judge or the
chief judge's
designee shall review the denial or termination within 30 days of receiving the
petition. The
child in need of care proceeding shall not be stayed pending resolution of the
petition for
review.

History: L. 2006, ch. 200, § 36;
L. 2008, ch. 169, § 6; July 1.

38-2242: Ex parte orders of protective
custody; application; determination of probable cause; period of time;
placement; procedures; orders for removal of child from custody of parent,
limitations.
(a) The court, upon verified application, may issue ex
parte an order
directing that a child be held in protective custody and, if the child has not
been taken into custody,
an order directing that the child be taken into custody. The application shall
state for each child:

(1) The applicant's belief that the child is a child in need of care;

(2) that the child is likely
to sustain harm if not immediately removed from the home;

(3) that allowing
the child to remain
in the home is contrary to the welfare of the child; and

(4) the facts relied
upon to support the
application, including efforts known to the applicant to maintain the family
unit and prevent the
unnecessary removal of the child from the child's home, or the specific facts
supporting that an
emergency exists which threatens the safety of the child.

(b) (1) The order of protective custody may be issued only after the court
has determined
there is probable cause to believe the allegations in the application are true.
The order shall remain
in effect until the temporary custody hearing provided for in
K.S.A. 2009 Supp.
38-2243, and
amendments thereto,
unless earlier rescinded by the court.

(2) No child shall be held in protective custody for more than 72 hours,
excluding Saturdays,
Sundays and legal holidays, unless within the 72-hour period a determination is
made as to the
necessity for temporary custody in a temporary custody hearing.
The time spent in custody pursuant to
K.S.A. 2009 Supp.
38-2232, and amendments
thereto,
shall be included in calculating the 72-hour period. Nothing in
this subsection shall
be construed to mean that the child must remain in protective custody for 72
hours.
If a child is in the
protective custody of the secretary, the secretary shall allow at least one
supervised visit
between the child and the parent or parents within such time period as the
child is in protective custody.
The court may prohibit such supervised visit if the court determines it is not
in the best interest of the child.

(c) (1) Whenever the court determines the necessity for an order of
protective
custody, the court
may place the child in the protective custody of:

(A) A parent or other person
having custody of the
child and may enter a restraining order pursuant to subsection (e);

(B) a person, other than the parent
or other person having custody, who shall not be required to be licensed under
article 5 of chapter
65 of the Kansas Statutes Annotated, and amendments thereto;

(C) a youth residential facility;

(D) a shelter facility; or

(E) the secretary, if the child is 15 years of age or younger, or 16 or 17
years of age if the child has no identifiable parental or family resources or
shows signs of physical, mental, emotional or sexual
abuse.

(2) If the secretary presents the court with a plan
to
provide services to a child or
family which the court finds will assure the safety of the child, the court may
only place the child in
the protective custody of the secretary until the court finds the services are
in place. The court shall
have the authority to require any person or entity agreeing to participate in
the plan to perform as set
out in the plan. When the child is placed in the protective custody of the
secretary, the secretary shall
have the discretionary authority to place the child with a parent or to make
other suitable placement
for the child. When the child is presently alleged, but not yet adjudicated,
to be a child in need
of care solely pursuant to subsection (d)(9) or (d)(10) of
K.S.A. 2009 Supp.
38-2202, and
amendments thereto, the
child may be placed in a juvenile
detention facility or
other secure facility pursuant to an order of protective custody for a period
of not to exceed 24 hours,
excluding Saturdays, Sundays and legal holidays.

(d) The order of protective custody shall be served pursuant to subsection
(a) of
K.S.A. 2009 Supp.
38-2237, and
amendments thereto, on the child's parents and any other person having legal
custody of the child.
The order shall prohibit the removal of the child from the court's
jurisdiction without the court's
permission.

(e) If the court issues an order of protective custody, the court may also
enter an order
restraining any alleged perpetrator of physical, sexual, mental or emotional
abuse of the child from
residing in the child's home; visiting, contacting, harassing or intimidating
the child, other family
member or witness; or attempting to visit, contact, harass or intimidate the
child, other family
member or witness. Such restraining order shall be served by personal service
pursuant to subsection (a) of
K.S.A. 2009 Supp.
38-2237, and amendments
thereto, on any
alleged perpetrator to whom the order is directed.

(f) (1) The court shall not enter an order removing a child from the
custody of a
parent pursuant to this section unless the court first finds probable cause
that: (A)(i) the child is likely to sustain harm if not immediately removed
from the home;

(ii) allowing the child to remain in home is contrary to the welfare of
the child; or

(iii) immediate placement of the child is in the best interest of the child;
and

(B) reasonable efforts have been made to maintain the family unit and prevent
the unnecessary removal of the child from the child's home or that an emergency
exists which threatens the safety to the child.

(2) Such findings shall be included in any order entered by the court. If the
child
is placed in the custody
of the secretary, the court shall provide the secretary with a written copy of
any orders entered upon
making the order.

History: L. 2006, ch. 200, § 37;
L. 2009, ch. 99, § 4; July 1.

38-2243: Orders of temporary custody; notice;
hearing; procedure; findings; placement; orders for removal of child from
custody of parent, limitations.
(a) Upon notice and
hearing, the court may issue an order directing who shall have temporary
custody and may modify
the order during the pendency of the proceedings as will best serve the child's
welfare.

(b) A hearing pursuant to this section shall be held within 72 hours,
excluding Saturdays,
Sundays and legal holidays, following a child having been taken into protective
custody.

(c) Whenever it is determined that a temporary custody hearing is required,
the court shall
immediately set the time and place for the hearing. Notice of a temporary
custody hearing shall be given to all parties and interested parties.

(d) Notice of the temporary custody hearing shall be given at least 24 hours
prior to the
hearing. The court may continue the hearing to afford the 24 hours prior notice
or, with the consent
of the party or interested party, proceed with the hearing at the designated
time. If an order of
temporary custody is entered and the parent or other person having custody of
the child has not been
notified of the hearing, did not appear or waive appearance and requests a
rehearing, the court shall
rehear the matter without unnecessary delay.

(e) Oral notice may be used for giving notice of a temporary custody hearing
where there is
insufficient time to give written notice. Oral notice is completed upon filing
a certificate of oral
notice.

(f) The court may enter an order of temporary custody after determining
there is probable cause to believe that the: (1) Child
is dangerous to self or to others; (2) child is not likely to be available
within the jurisdiction of
the court for future proceedings; or (3) health or welfare of the child may
be endangered without
further care.

(g) (1) Whenever the court determines the necessity for an order of
temporary
custody the court
may place the child in the temporary custody of:

(A) A parent or other person
having custody of the
child and may enter a restraining order pursuant to subsection (h);

(B) a
person, other than the parent
or other person having custody, who shall not be required to be licensed under
article 5 of chapter
65 of the Kansas Statutes Annotated, and amendments thereto;

(C) a youth residential facility;

(D) a shelter facility; or

(E) the secretary, if the child is 15 years of age or younger, or 16 or 17
years of age if the child has no identifiable parental or family resources or
shows signs of physical, mental, emotional or sexual
abuse.

(2) If the secretary presents the court with a plan to provide
services to a child or
family which the court finds will assure the safety of the child, the court may
only place the child in
the temporary custody of the secretary until the court finds the services are
in place. The court shall
have the authority to require any person or entity agreeing to participate in
the plan to perform as set
out in the plan. When the child is placed in the temporary custody of the
secretary, the secretary shall
have the discretionary authority to place the child with a parent or to make
other suitable placement
for the child. When the child is presently alleged, but not yet adjudicated to
be a child in need
of care solely pursuant to subsection (d)(9) or (d)(10) of
K.S.A. 2009 Supp.
38-2202, and amendments thereto, the child may be placed in a juvenile
detention facility or
other secure facility, but the total amount of time that the child may be held
in such facility under
this section and
K.S.A. 2009 Supp.
38-2242, and amendments thereto, shall not
exceed 24 hours,
excluding Saturdays,
Sundays and legal holidays. The order of temporary custody shall remain in
effect until modified or
rescinded by the court or an adjudication order is
entered but not exceeding 60 days, unless good cause
is shown and stated on the record.

(h) If the court issues an order of temporary custody, the court may also
enter an order
restraining any alleged perpetrator of physical, sexual, mental or emotional
abuse of the child from residing in the child's home; visiting, contacting,
harassing or intimidating the child; or
attempting
to visit, contact, harass or intimidate the child, other family members or
witnesses. Such restraining
order shall be served by personal service pursuant to subsection (a) of K.S.A.
2009 Supp. 38-2237, and amendments thereto, on any
alleged perpetrator to whom the order is directed.

(i) (1) The court shall not enter an order removing a child from the
custody of a
parent pursuant to this section unless the court first finds probable cause
that: (A)(i) the child is likely to sustain harm if not immediately removed
from the home;

(ii) allowing the child to remain in home is contrary to the welfare of
the child; or

(iii) immediate placement of the child is in the best interest of the child;
and

(B) reasonable efforts have been made to maintain the family unit and prevent
the unnecessary removal of the child from the child's home or that an emergency
exists which threatens the safety to the child.

(2) Such findings shall be included in any order entered by the court. If the
child
is placed in the custody
of the secretary, upon making the order the court shall provide the secretary
with a written copy.

(j) If the court enters an order of temporary custody that provides for
placement of the child with a person other than the parent, the court shall
make a child support determination pursuant to
K.S.A. 2009 Supp.
38-2277, and
amendments
thereto.

38-2244: Order for informal supervision; restraining
orders.
(a) At any time
after filing a petition, but prior to an adjudication, the court may enter an
order for continuance
and informal supervision without an adjudication if no party objects. Upon
granting the continuance, the court shall include in the order any conditions
with which the
parties and interested parties are expected to comply and
provide the parties and interested parties
with a copy of the order. The conditions may include appropriate dispositional
alternatives
authorized by
K.S.A. 2009 Supp.
38-2255, and amendments thereto.

(b) An order for informal supervision may remain in force for a period of up
to six
months and may be extended, upon hearing, for an additional six-month period
for a total of one
year.
For a child under
an order for informal supervision who remains in the custody of such child's
parent, such one-year period may be extended if no party objects, upon hearing,
for up to an additional one year, with reviews by the court occurring at least
every six months.

(c) The court after notice and hearing may revoke or modify the order with
respect to a
party or interested party upon a showing that the party or interested party,
being subject to the
order for informal supervision, has substantially failed to comply with the
terms of the order, or
that modification would be in the best interests of the child. Upon revocation,
proceedings shall
resume pursuant to this code.

(d) Persons subject to the order for informal supervision who successfully
complete the
terms and period of supervision shall not again be proceeded against in any
court based solely
upon the allegations in the original petition and the proceedings shall be
dismissed.

(e) If the court issues an order for informal supervision pursuant to this
section, the court
may also enter an order restraining any alleged perpetrator of physical,
mental or
emotional abuse or sexual abuse of the child from residing in the child's home,
visiting,
contacting, harassing or
intimidating the child, other family member or witness; or attempting to visit,
contact, harass or
intimidate the child, other family member or witness. The restraining order
shall be served by
personal service pursuant to subsection (a) of
K.S.A. 2009 Supp.
38-2237, and
amendments
thereto, on any
alleged perpetrator to
whom the order is directed.

(f) Lack of service on a parent shall not preclude an informal supervision
under the
provisions of this section. If an order of informal supervision is entered
which effects change in
custody, any parent not served pursuant to
K.S.A. 2009 Supp.
38-2237, and
amendments thereto,
who has not
consented to the informal supervision, may request reconsideration of the order
of informal
supervision. The court shall hear the request without unnecessary delay. If
the informal
supervision order effects a change in custody, efforts to accomplish service
pursuant to
K.S.A. 2009 Supp.
38-2237, and amendments thereto, shall continue.

History: L. 2006, ch. 200, § 39;
L. 2008, ch. 169, § 8; July 1.

38-2245: Discovery.
(a) After a hearing and a finding that
discovery procedures, as
described in K.S.A. 60-226 through 60-237, and amendments thereto, will
expedite the proceedings,
the judge may allow discovery subject to limitations.

(b) Upon request of any party or interested party, any other party or
interested party shall
disclose the names of all potential witnesses.

History: L. 2006, ch. 200, § 40; Jan. 1, 2007.

38-2246: Continuances.
All proceedings under this code shall be disposed of
without
unnecessary delay. Continuances shall not be granted unless good cause is
shown.

History: L. 2006, ch. 200, § 41; Jan. 1, 2007.

38-2247: Attendance at proceedings;
confidentiality.
(a) Adjudication. Proceedings prior to and including
adjudication under this code
shall be open to attendance by any person unless
the court determines
that closed proceedings or the exclusion of that person would be in the best
interests of the child or
is necessary to protect the privacy rights of the parents.

(1) The court may not exclude the guardian ad litem, parties and
interested parties.

(2) Members of the news media shall comply with supreme court rule 10.01.

(b) Disposition. Proceedings pertaining to the disposition of a
child adjudicated to be in need of care shall be closed to all persons except
the parties, the guardian ad litem, interested parties and their
attorneys, officers of the court, a court appointed special advocate and the
custodian.

(1) Other persons may be permitted to attend with the consent of the parties
or by order of
the court, if the court determines that it would be in the best interests of
the child or the
conduct of the proceedings, subject to such limitations as the court determines
to be
appropriate.

(2) The court may exclude any person if the court determines that such
person's exclusion would
be in the best interests of the child or the conduct of the proceedings.

(c) Notwithstanding subsections (a) and (b) of this section, the court
shall permit the attendance at the proceedings of up to two people designated
by the parent of the child, both of whom have participated in a parent ally
orientation program approved by the judicial administrator.

(1) Such parent
ally orientation program shall include, but not be limited to, information
concerning the confidentiality of the proceedings; the child and parent's right
to counsel; the definitions and jurisdiction pursuant to the Kansas code for
care of children; the types and purposes of the hearings; options for informal
supervision and dispositions; placement options; the parents' obligation to
financially support the child while the child is in the state's custody;
obligations of the secretary of social and rehabilitation services; obligations
of entities that contract with the department of social and rehabilitation
services for family preservation, foster care and adoption; the termination of
parental rights; the procedures for appeals; and the basic rules regarding
court procedure.

(2) The court may remove the parent's ally or allies from a proceeding if
such ally becomes disruptive in the present proceeding or has been found
disruptive in a prior proceeding.

(d) Preservation of confidentiality. If information required to
be kept confidential by
K.S.A. 2009 Supp.
38-2209, and amendments
thereto, is to be introduced into
evidence and
there are persons
in attendance who are not authorized to receive the information, the court may
exclude those persons
during the presentation of the evidence or conduct an in camera
inspection of the evidence.

History: L. 2006, ch. 200, § 42;
L. 2008, ch. 169, § 9; July 1.

38-2248: Stipulations and no contest
statements.
(a) In any proceedings under this
code, parents, persons with whom the child has been residing
pursuant to subsection (d) of
K.S.A. 2009 Supp.
38-2241, and amendments
thereto, and guardians ad litem may stipulate
or enter no contest statements
to all or part of the allegations in the petition.

(b) Prior to the acceptance of any stipulation or no contest statement,
other than
to names, ages,
parentage or other preliminary matters, the court shall ask each of the
persons listed in subsection (a) the
following questions:

(1) Do you understand that you have a right to a hearing on the allegations
contained in the
petition

(2) Do you understand that you may be represented by an attorney and, if you
are a parent
and financially unable to employ an attorney, the court will appoint an
attorney for you, if you so
request

(3) One of the following: (A) Do you understand that a stipulation is an
admission that the
statements in the petition are true or (B) Do you understand that a no contest
statement neither admits
nor denies the statement in the petition but allows the court to find that the
statements in the petition
are true

(4) Do you understand that, if the court accepts your stipulation or no
contest statement,
you will not be able to appeal that finding, the court may find the child to be
a child in need of care
and the court will then make further orders as to the care, custody and
supervision of the child

(5) Do you understand that, if the court finds the child to be a child in
need of care, the
court is not bound by any agreement or recommendation of the parties as to
disposition and
placement of the child

(c) Before accepting a stipulation the court shall find that there is a
factual basis for the
stipulation.

(d) Before an adjudication based on a no contest statement, the court shall
find from a proffer
of evidence that there is a factual basis.

(e) In proceedings other than termination of parental rights proceedings
under this code
if all persons listed in subsection (a) do not stipulate or enter no
contest statements, the
court shall hear evidence as to those persons, if they are present. The
case may proceed by proffer as to persons not present, unless they appear by
counsel and have instructed counsel to object.

(f) In evidentiary hearings for termination of parental rights under this
code, the case may proceed by proffer as to parties not present, unless they
appear by counsel and have instructed counsel to object.

History: L. 2006, ch. 200, § 43;
L. 2008, ch. 169, § 10; July 1.

38-2249: Rules of evidence.
(a) In all proceedings under this code, the rules of
evidence of the code of civil procedure shall apply, except that no evidence
relating to the condition
of a child shall be excluded solely on the ground that the matter is or may be
the subject of a physician-patient privilege, psychologist-client privilege or
social worker-client privilege.

(b) The judge presiding at all hearings under this code shall not
consider or rely upon any report not properly admitted according
to the
rules of evidence, except as provided by
K.S.A. 2009 Supp.
38-2219, and
amendments thereto.

(c) In any proceeding in which a child less than 13 years of age is alleged
to have been
physically, mentally or emotionally abused or neglected or sexually abused, a
recording of an oral
statement of the child, or of any witness less than 13 years of age, made
before the proceeding began,
is admissible in evidence if:

(1) The court determines that the time, content and circumstances of
the statement
provide sufficient indicia of reliability;

(2) no attorney for any party or interested party is present when
the statement is
made;

(3) the recording is both visual and aural and is recorded on film,
videotape or by
other electronic means;

(4) the recording equipment is capable of making an accurate recording, the
operator
of the equipment is competent and the recording is accurate and has not been
altered;

(5) the statement is not made in response to questioning calculated
to lead the child
to make a particular statement or is clearly shown to be the child's statement
and not
made solely as a result of a leading or suggestive question;

(6) every voice on the recording is identified;

(7) the person conducting the interview of the child in the
recording is present at the
proceeding and is available to testify or be cross-examined by any party or
interested
party; and

(8) each party or interested party to the proceeding is afforded an
opportunity to view
the recording before it is offered into evidence.

(d) On motion of any party to a proceeding pursuant to the
code
in which a child less than 13 years of age is alleged to have been
physically, mentally or
emotionally abused or neglected or sexually abused, the court may order that
the testimony of the
child, or of any witness less than 13 years of age, be taken:

(1) In a room other than the courtroom and be televised by closed-circuit
equipment in the
courtroom to be viewed by the court and the parties and interested parties to
the proceeding; or

(2) outside the courtroom and be recorded for showing in the courtroom before
the court and
the parties and interested parties to the proceeding if:

(A) The recording is
both visual and aural and
is recorded on film, videotape or by other electronic means;

(B) the
recording equipment is capable
of making an accurate recording, the operator of the equipment is competent and
the recording is
accurate and has not been altered;

(C) every voice on the recording is
identified; and

(D) each party
and interested party to the proceeding is afforded an opportunity to view the
recording before it is
shown in the courtroom.

(e) At the taking of testimony under subsection (d):

(1) Only an attorney for each party, interested party, the guardian ad
litem for the child or
other person whose presence would contribute to the welfare and well-being of
the child and persons
necessary to operate the recording or closed-circuit equipment may be present
in the room with the child during the child's testimony;

(2) only the attorneys for the parties may question the child; and

(3) the persons operating the recording or closed-circuit equipment shall be
confined to an
adjacent room or behind a screen or mirror that permits such person to see and
hear
the child during the
child's testimony, but does not permit the child to see or hear such person.

(f) If the testimony of a child is taken as provided by subsection (d), the
child shall not be
compelled to testify in court during the proceeding.

(g) (1) Any objection to a recording under
subsection (d)(2) that such proceeding
is inadmissible must be made by written motion filed with the court at least
seven days before the
commencement of the adjudicatory hearing. An objection under this subsection
shall specify the
portion of the recording which is objectionable and the reasons for the
objection. Failure to file an
objection within the time provided by this subsection shall constitute waiver
of the right to object
to the admissibility of the recording unless the court, in its discretion,
determines otherwise.

(2) The provisions of this subsection shall not apply to any objection to
admissibility for
the reason that the recording has been materially altered.

History: L. 2006, ch. 200, § 44;
L. 2007, ch. 57, § 1; Apr. 5.

38-2250: Degree of proof.
The petitioner must prove by clear and convincing evidence
that the child is a child in need of care.

History: L. 2006, ch. 200, § 45; Jan. 1, 2007.

38-2251: Adjudication.
(a) If the court finds that the child is
not a child in need of
care, the court shall enter an order dismissing the proceedings.

(b) If the court finds that the child is a child in need of care, the court
shall enter an order
adjudicating the child to be a child in need of care and may proceed to enter
other orders as
authorized by this code.

(c) A finding that a child subject to this code is a child in need of care
shall be entered
without undue delay. If the child has been removed from the child's home, an
order of adjudication
shall be entered as soon as practicable but not more than 60 days from the date
of removal unless an
order of informal supervision or an order of continuance for good cause
has been entered.

History: L. 2006, ch. 200, § 46;
L. 2008, ch. 169, § 11; July 1.

38-2252: Predispositional alternative; placement
with person other than child's parent; conference; recommendations;
immunity.
(a) Before placement pursuant to this code of a child with a
person
other than the child's parent, the secretary, the court
or the court services officer,
at the direction of the court, may convene a conference of persons determined
by the court, the
secretary or the court services officer to have a potential interest in
determining a placement which
is in the best interests of the child. Such persons shall be given any
information
relevant to the
determination of the placement of the child, including the needs of the child
and any other
information that would be helpful in making a placement in the best interests
of the child. After
presentation of the information, such persons shall be permitted to discuss and
recommend to the secretary
or the court services officer the person or persons with whom it would be in
the child's best interest
to be placed. Unless the secretary or the court services officer determines
that there is good cause
to place the child with a person other than as recommended, the child shall be
placed in accordance
with the recommendations.

(b) A person participating in a conference pursuant to this section shall
have immunity from
any civil liability that might otherwise be incurred or imposed as a result of
the person's
participation.

History: L. 2006, ch. 200, § 47; Jan. 1, 2007.

38-2253: Dispositional hearing; purpose;
time.
(a) At a dispositional hearing, the
court shall receive testimony and other relevant information with regard to the
safety and well being
of the child and may enter orders regarding:

(1) Case planning which sets forth the responsibilities and timelines
necessary to achieve
permanency for the child; and

(2) custody of the child.

(b) An order of disposition may be entered at the time of the adjudication if
notice has been
provided pursuant to
K.S.A. 2009 Supp.
38-2254, and amendments thereto, but
shall be entered
within 30 days
following adjudication, unless delayed for good cause shown.

(c) If the dispositional hearing meets the requirements of
K.S.A. 2009 Supp.
38-2265, and amendments thereto,
the dispositional hearing may serve as a permanency hearing.

History: L. 2006, ch. 200, § 48; Jan. 1, 2007.

38-2254: Same; notice.
(a) Unless waived by the persons entitled to notice, the
court shall require notice of the time
and place of the dispositional hearing be given to the
parties.

(b) The court shall require notice and the right to
be heard as to
proposals for living
arrangements for the child, the services to be provided the child and the
child's family, and the
proposed permanency goal for the child to the following:

(1) The child's foster parent or parents or permanent custodian providing
care for the child;

(2) preadoptive parents for the child, if any;

(3) the child's grandparents at their last known addresses or if no
grandparent is living or if
no living grandparent's address is known, to the closest relative of each of
the child's parents
whose address is known;

(4) the person having custody of the child; and

(5) upon request, by any person having close emotional ties with the child
and who is
deemed by the court to be essential to the deliberations before the court.

(c) The notice required by this subsection shall be given by first class
mail, not less than 10 business
days
before the hearing.

(d) Individuals receiving notice pursuant to
subsection (b)
shall not be made
a party or interested party to the action solely on the basis of this notice
and the right to be heard. The
right to be heard shall be at a time and in
a manner determined by the court and does not
confer an entitlement to appear in person at government expense.

(e) The provisions of this subsection shall not require additional notice to
any
person otherwise
receiving notice of the hearing pursuant to
K.S.A. 2009 Supp.
38-2239, and
amendments thereto.

(3) the manner in which the parent participated in the abuse, neglect or
abandonment of
the child;

(4) any relevant information from the intake and assessment process; and

(5) the evidence received at the dispositional hearing.

(b) Placement with a parent. The court may place the child in the
custody of either of the child's
parents subject to terms and conditions which the court prescribes to assure
the proper care and
protection of the child, including, but not limited to:

(1) Supervision of the child and the parent by a court services officer;

(2) participation by the child and the parent in available programs
operated by an
appropriate individual or agency; and

(3) any special treatment or care which the child needs for the child's
physical, mental
or emotional health and safety.

(c) Removal of a child from custody of a parent. The court shall
not enter an order removing a child from the custody of a
parent pursuant to this section unless the court first finds probable cause
that: (1)(A) The child is likely to sustain harm if not immediately removed
from the home;

(B) allowing the child to remain in home is contrary to the welfare of the
child; or

(C) immediate placement of the child is in the best interest of the child;
and

(2) reasonable efforts have been made to maintain the family unit and prevent
the unnecessary removal of the child from the child's home or that an emergency
exists which threatens the safety to the child.

(d) Custody of a child removed from the custody of a parent. If
the court has made the findings
required by subsection (c), the court shall enter an order awarding custody to
a
relative of the child or to a person with whom the child has close emotional
ties, to any other suitable
person, to a shelter facility, to a youth residential facility or, if the
child is 15 years of age or younger, or 16 or 17 years of age if the child
has no identifiable parental or family resources or shows signs of physical,
mental, emotional or sexual abuse,
to the
secretary. Custody awarded under
this subsection shall continue until further order of the court.

(1) When custody is awarded to the secretary, the secretary shall
consider any placement
recommendation by the court and notify the court of the placement or proposed
placement of the child within 10 days of the order awarding custody.

(A) After providing the parties or interested parties notice and
opportunity to be
heard, the court may determine whether the secretary's placement or proposed
placement is contrary to the welfare or in the best interests of the child. In
making
that determination the court shall consider the health and safety needs of the
child
and the resources available to meet the needs of children in the custody of the
secretary. If the court determines that the placement or proposed placement is
contrary to the welfare or not in the best interests of the child, the court
shall notify
the secretary, who shall then make an alternative placement.

(B) The secretary may propose and the court may order the child to be
placed in
the custody of a parent or parents if the secretary has provided and the court
has approved an appropriate safety action plan which includes services to be
provided. The court may order the parent or parents and the child to perform
tasks as set out in the safety action plan.

(2) The custodian designated under this subsection shall notify the court
in writing at
least 10 days prior to any planned placement with a parent. The written
notice shall
state the basis for the custodian's belief that placement with a parent is no
longer
contrary to the welfare or best interest of the child. Upon reviewing the
notice, the court may
allow the
custodian to proceed with the planned placement or may set the date for a
hearing to
determine if the child shall be allowed to return home. If the court sets a
hearing on
the matter, the custodian shall not return the child home without written
consent
of
the court.

(3) The court may grant any person reasonable rights to visit the
child upon motion of
the person and a finding that the visitation rights would be in the best
interests of the
child.

(4) The court may enter an order restraining any alleged perpetrator of
physical,
mental or emotional abuse or sexual abuse of the child from residing in the
child's home;
visiting,
contacting, harassing or intimidating the child, other family member or
witness; or
attempting to visit, contact, harass or intimidate the child, other family
member or
witness. Such restraining order shall be served by personal service pursuant
to
subsection (a) of
K.S.A. 2009 Supp.
38-2237, and amendments thereto, on any
alleged
perpetrator to whom the
order
is directed.

(5) The court shall provide a copy of any orders entered within 10 days
of entering the
order to the custodian designated under this subsection.

(e) Further determinations regarding a child removed from the
home. If custody has been awarded
under subsection (d) to a person other than a parent, a permanency plan shall
be provided or prepared
pursuant to
K.S.A. 2009 Supp.
38-2264, and amendments thereto. If a permanency
plan is
provided at the dispositional
hearing, the court may determine whether reintegration is a viable alternative
or, if reintegration is
not a viable alternative, whether the child should be placed for adoption or a
permanent custodian
appointed. In determining whether reintegration is a viable alternative, the
court shall consider:

(1) Whether a parent has been found by a court to have committed one of
the following
crimes or to have violated the law of another state prohibiting such crimes or
to have
aided and abetted, attempted, conspired or solicited the commission of one of
these
crimes: Murder in the first degree, K.S.A. 21-3401, and amendments thereto,
murder
in the second degree, K.S.A. 21-3402, and amendments thereto, capital murder,
K.S.A. 21-3439, and amendments thereto, voluntary manslaughter, K.S.A.
21-3403, and amendments thereto, or a felony battery that resulted in bodily
injury;

(2) whether a parent has subjected the child or another child to
aggravated circumstances;

(3) whether a parent has previously been found to be an unfit parent in
proceedings under
this code or in comparable proceedings under the laws of another state or the
federal
government;

(4) whether the child has been in extended out of home placement;

(5) whether the parents have failed to work diligently toward
reintegration;

(6) whether the secretary has provided the family with services necessary
for the safe
return of the child to the home; and

(7) whether it is reasonable to expect reintegration to occur within a
time frame
consistent with the child's developmental needs.

(f) Proceedings if reintegration is not a viable alternative. If
the court determines that reintegration is not a viable alternative,
proceedings to terminate parental rights and permit
placement of the child
for adoption or appointment of a permanent custodian shall be initiated unless
the court finds that
compelling reasons have been documented in the case plan why adoption or
appointment of a
permanent custodian would not be in the best interests of the child. If
compelling reasons have not
been documented, the county or district attorney shall file a motion within 30
days to terminate
parental rights or a motion to appoint a permanent custodian within 30 days and
the court shall hold
a hearing on the motion within 90 days of its filing. No hearing is required
when the parents
voluntarily relinquish parental rights or consent to the appointment of a
permanent custodian.

(g) Additional Orders. In addition to or in lieu of any other
order authorized by this section:

(1) The court may order the child and the parents of any child who has been
adjudicated
a child in need of care to attend counseling sessions as the court directs. The
expense
of the counseling may be assessed as an expense in the case. No mental health
provider shall charge a greater fee for court-ordered counseling than the
provider
would have charged to the person receiving counseling if the person had
requested
counseling on the person's own initiative.

(2) If the court has reason to believe that a child is before the court
due, in whole or in
part, to the use or misuse of alcohol or a violation of
K.S.A. 2009 Supp. 21-36a01 through 21-36a17, and
amendments thereto, by the child, a parent of the child, or another person
responsible for
the care of the child, the court may order the child, parent of the child or
other person
responsible for the care of the child to submit to and complete an alcohol and
drug
evaluation by a qualified person or agency and comply with any recommendations.
If the evaluation is performed by a community-based alcohol and drug safety
program certified pursuant to K.S.A. 8-1008, and amendments thereto, the child,
parent of the child or other person responsible for the care of the child shall
pay a fee
not to exceed the fee established by that statute. If the court finds that the
child and
those legally liable for the child's support are indigent, the fee may be
waived. In no
event shall the fee be assessed against the secretary.

(3) If child support has been requested and the parent or parents
have a duty to support
the child, the court may order one or both parents to pay child support and,
when
custody is awarded to the secretary, the court shall order one or both parents
to pay
child support. The court shall determine, for each parent separately, whether
the
parent is already subject to an order to pay support for the child. If the
parent is not
presently ordered to pay support for any child who is subject to the
jurisdiction of
the court and the court has personal jurisdiction over the parent, the court
shall order
the parent to pay child support in an amount determined under
K.S.A. 2009 Supp.
38-2277, and amendments thereto. Except for good cause shown, the court shall
issue an
immediate income withholding order pursuant to K.S.A. 23-4,105 et
seq., and
amendments thereto, for each parent ordered to pay support under this
subsection,
regardless of whether a payor has been identified for the parent. A parent
ordered to
pay child support under this subsection shall be notified, at the hearing or
otherwise,
that the child support order may be registered pursuant to
K.S.A. 2009 Supp.
38-2279, and amendments thereto. The parent shall also be informed that, after
registration,
the
income withholding order may be served on the parent's employer without further
notice to the parent and the child support order may be enforced by any method
allowed by law. Failure to provide this notice shall not affect the validity of
the child
support order.

38-2256: Rehearing.
After the entry of any dispositional order, the court may
rehear
the matter on its own motion or the motion of a party or interested party.
Upon notice, pursuant
to
K.S.A. 2009 Supp.
38-2254, and amendments thereto, and after the rehearing,
the court may
enter any dispositional
order authorized by this code, except that a child support order which has been
registered under
K.S.A. 2009 Supp.
38-2279, and amendments thereto, may only be modified
pursuant to
K.S.A. 2009 Supp.
38-2279, and amendments
thereto.

History: L. 2006, ch. 200, § 51; Jan. 1, 2007.

38-2257: Permanency planning at
disposition.
If a child is placed outside the child's
home at the dispositional hearing and no permanency plan is made a part of the
record of the
hearing, a written permanency plan shall be prepared pursuant to K.S.A. 2009
Supp. 38-2263, and amendments
thereto.

History: L. 2006, ch. 200, § 52; Jan. 1, 2007.

38-2258: Change of placement; removal from home of
parent, findings by court.
(a) Except as provided in
K.S.A. 2009 Supp.
38-2255(d)(2) and
38-2259, and amendments
thereto, if a child has
been in the same foster
home or shelter facility for six months or longer, or has been placed by the
secretary in the home of
a parent or relative, the secretary shall give written notice of any plan to
move the child to a different
placement unless the move is to the selected preadoptive family for the purpose
of
facilitating adoption. The notice shall be given to: (1) The court having
jurisdiction over
the child; (2) each
parent whose address is available; (3) the foster parent or custodian from
whose home or shelter
facility it is proposed to remove the child; (4) the child, if 12 or more years
of age; and (5) the child's
guardian ad litem.

(b) The notice shall state the placement to which the
secretary plans to transfer the
child and the reason for the proposed action. The notice shall be
mailed by first class
mail 30 days in advance of the planned transfer, except that the secretary
shall not be required to wait
30 days to transfer the child if all persons enumerated in subsection (a) (2)
through (5) consent in
writing to the transfer.

(c) Within 10 days after receipt of the notice, any person receiving notice
as
provided above may request, either orally or in writing, that the court conduct
a hearing to determine
whether or not the change in placement is in the best interests of the child
concerned. When the
request has been received, the court shall schedule a hearing and immediately
notify the secretary
of the request and the time and date the matter will be heard. The court shall
give notice of the
hearing to persons enumerated in subsection (a) (2) through (5). The secretary
shall not change the
placement of the child, except for the purpose of adoption, unless the change
is approved by the court.

(d) When, after the notice set out above, a child in the custody of the
secretary is removed
from the home of a parent after having been placed in the home of a parent for
a period of six months
or longer, the secretary shall request a finding that: (1)(A) The child is
likely to sustain harm if not immediately removed
from the home;

(B) allowing the child to remain in home is contrary to the welfare of the
child; or

(C) immediate placement of the child is in the best interest of the child;
and

(2) reasonable efforts have been made to maintain the family unit and prevent
the unnecessary removal of the child from the child's home or that an emergency
exists which threatens the safety to the child.

(e) The secretary shall present to the court in writing the efforts to
maintain the
family unit and prevent
the unnecessary removal of the child from the child's home. In making the
findings, the court may
rely on documentation submitted by the secretary or may set the date for a
hearing on the matter. If
the secretary requests such finding, the court, not more than 45 days from the
date of the request,
shall provide the secretary with a written copy of the findings by the court
for the purpose of
documenting these orders.

History: L. 2006, ch. 200, § 53;
L. 2008, ch. 169, § 13; July 1.

38-2259: Emergency change of placement; removal from
home of parent, findings of court.
(a) When an emergency exists requiring immediate action to
assure
the safety and protection
of the child or the secretary is notified that the foster parents or shelter
facility refuse to allow the
child to remain, the secretary may transfer the child to another foster home or
shelter facility without
prior court approval. The secretary shall notify the court of the action at
the earliest practical time. When the child is removed from the home of a
parent after having been placed in
the home
for a period of six months or longer, the secretary shall present to the court
in writing the specific
nature of the emergency and reasons why it is contrary to the welfare of the
child to remain in the
placement and request a finding by the court whether remaining in the home is
contrary to the
welfare of the child. If the court enters an order the court shall make a
finding as to whether an
emergency exists. The court shall provide the secretary with a copy of the
order. In making the
finding, the court may rely on documentation submitted by the secretary or may
set the date for a
hearing on the matter. If the secretary requests such a finding, the court
shall provide the secretary
with a written copy of the finding by the court not more than 45 days from the
date of the request.

(b) The court shall not enter an order approving the
removal of a child from the home of a
parent pursuant to this section unless the court first finds probable cause
that: (1)(A) The child is likely to sustain harm if not immediately removed
from the home;

(B) allowing the child to remain in home is contrary to the welfare of the
child; or

(C) immediate placement of the child is in the best interest of the child;
and

(2) reasonable efforts have been made to maintain the family unit and prevent
the unnecessary removal of the child from the child's home or that an emergency
exists which threatens the safety to the child.

History: L. 2006, ch. 200, § 54;
L. 2008, ch. 169, § 14; July 1.

38-2260: Placement; order directing child to remain
in present or future placement, application for determination that child has
violated order; procedure; authorized dispositions; limitations on facilities
used for placement; computation of time limitations.
(a) Valid court order. During proceedings under
this code, the court may
enter an order directing a child
who is the subject of the proceedings to remain in a present or future
placement if:

(1) The child and the child's guardian ad litem are present in
court when the
order is entered;

(2) the court finds that the child has been adjudicated a child in need of
care pursuant to
subsections (d)(6), (d)(7), (d)(8), (d)(9), (d)(10) or (d)(12) of K.S.A. 2009
Supp. 38-2202, and amendments thereto,
and that the child is not likely to be available within the jurisdiction
of the court for future
proceedings;

(3) the child and the guardian ad litem receive oral and written
notice of the consequences
of violation of the order; and

(4) a copy of the written notice is filed in the official case file.

(b) Application. Any person may file a verified application for
determination that a child
has violated an order entered pursuant to subsection (a) and for an order
authorizing holding the
child in a secure facility or juvenile detention facility. The application
shall state the applicant's belief
that the child has violated the order entered pursuant to subsection (a)
without good cause and the
specific facts supporting the allegation.

(c) Ex parte order. After reviewing the application filed pursuant
to subsection (b), the court
may enter an ex parte order directing that the child be taken into
custody and held in a secure facility or juvenile detention facility designated
by the court, if the
court finds probable
cause that the child violated the court's order to remain
in placement without good cause. Pursuant to
K.S.A. 2009 Supp.
38-2237, and amendments thereto, the order shall be served
on the child's
parents, the child's
legal custodian and the child's guardian ad litem.

(d) Preliminary hearing. Within 24 hours following a child's
being taken into custody
pursuant to an order issued under subsection (c), the court shall hold a
preliminary hearing to
determine whether the child admits or denies the allegations of the application
and, if the child
denies the allegations, to determine whether probable cause exists to support
the allegations.

(1) Notice of the time and place of the preliminary hearing shall be given
orally or in writing to the
child's parents, the child's legal custodian and the child's guardian
ad litem.

(2) At the hearing,
the child shall have the right to a guardian ad litem and shall be
served with a copy of the
application.

(3) If the child admits the allegations or enters a no contest
statement and if the court
finds that the admission or no contest statement is knowledgeable and
voluntary, the court shall
proceed without delay to the placement hearing pursuant to subsection (f).

(4) If the child denies
the allegations, the court shall determine whether probable cause exists to
hold the child in a secure
facility or juvenile detention facility pending an evidentiary hearing pursuant
to subsection (e). After
hearing the evidence, if the
court finds that: (A) There is probable cause to believe that the child has
violated an order entered
pursuant to subsection (a) without good cause; and (B) placement in a secure
facility or juvenile detention facility is necessary for the protection
of the child or to assure the presence of the child at the evidentiary hearing
pursuant to subsection
(e), the court may order the child held in a secure facility or juvenile
detention facility pending the evidentiary hearing.

(e) Evidentiary hearing. The court shall hold an evidentiary
hearing on an application
within 72 hours of the child's being taken into custody. Notice of the time
and place of the hearing
shall be given orally or in writing to the child's parents, the child's legal
custodian and the
child's guardian ad litem. At the evidentiary hearing, the court
shall determine by a clear and convincing
evidence
whether the child has:

(1) Violated a court order entered pursuant to subsection (a)
without good cause;

(2) been provided at the hearing with the rights enumerated in
subsection (d)(2);
and

(3) been informed of:

(A) The nature and consequences of the proceeding;

(B) the right to
confront and cross-examine witnesses and present evidence;

(C) the right to
have a transcript or
recording of the proceedings; and

(D) the right to appeal.

(f) Placement. (1) If the child admits violating the
order entered pursuant to subsection (a) or
if, after an
evidentiary hearing, the court finds that the child has violated such an order,
the court shall
immediately proceed to a placement hearing. The court may enter an order
awarding custody of the
child to:

(A) A parent or other legal custodian;

(B) a person other than a
parent or other person having
custody, who shall not be required to be licensed under article 5 of chapter 65
of the Kansas Statutes
Annotated, and amendments thereto;

(C) a youth residential facility; or

(D) the
secretary, if the
secretary does not already have legal custody of the child.

(2) The court may
authorize the custodian
to place the child in a secure facility or juvenile detention facility, if the
court determines that all other
placement options
have been exhausted or are inappropriate, based upon a
written report
submitted by the secretary, if the child is in the secretary's custody, or
submitted by a public agency
independent of the court and law enforcement, if the child is in the custody of
someone other than
the secretary. The report shall detail the behavior of the child and the
circumstances under which the
child was brought before the court and made subject to the
order entered pursuant to subsection (a).

(3) The authorization to place the child in a secure facility or juvenile
detention facility pursuant
to this subsection shall expire 60 days, inclusive of weekend and legal
holidays, after its issue. The court may grant
extensions of such authorization for two additional periods, each not to exceed
60 days, upon
rehearing pursuant to
K.S.A. 2009 Supp.
38-2256, and amendments thereto.

(g) Payment. The secretary shall only pay for placement and
services for a
child placed in
a secure facility or juvenile detention facility pursuant to subsection (f)
upon receipt of a valid court
order authorizing secure care
placement.

(h) Limitations on facilities used. Nothing in this
section shall authorize placement of a child
in an adult jail or lockup.

(i) Time limits, computation. Except as otherwise specifically
provided by subsection (f),
Saturdays, Sundays and legal holidays shall not be counted in computing any
time limit imposed by
this section.

History: L. 2006, ch. 200, § 55;
L. 2008, ch. 169, § 15; July 1.

38-2261: Reports made by foster parents.
The secretary shall notify the foster
parent or parents that the foster parent or parents have a right to submit a
report.
Copies of the report shall
be available to the parties and interested parties. The report made by foster
parents shall be on a form created and provided by
the department of social and rehabilitation services.

History: L. 2006, ch. 200, § 56; Jan. 1, 2007.

38-2262: Placement; testimony of certain
children.
At any hearing under the code,
the court, if requested by the child, shall
hear the testimony of the
child as to the desires of the child concerning the child's placement, if the
child is 10 years of age
and of sound intellect.

History: L. 2006, ch. 200, § 57; Jan. 1, 2007.

38-2263: Permanency planning.
(a) The goal of permanency
planning is to assure,
in so far as is possible, that children have permanency and stability in their
living situations and that
the continuity of family relationships and connections is preserved. In
planning for permanency, the
safety and well being of children shall be paramount.

(b) Whenever a child is subject to the jurisdiction of the court pursuant to
the
code, an initial permanency plan shall be developed for the child and submitted
to the court within 30 days of the initial order of the court. If the child is
in the custody of the
secretary, or the secretary is providing services to the child, the secretary
shall prepare the plan.
Otherwise, the plan shall be prepared by the person who has custody or, if
directed by the court, by
a court services officer.

(c) A permanency plan is a written document prepared, where possible, in
consultation with
the child's parents and which:

(1) Describes the permanency goal which, if achieved, will most likely give
the child a
permanent and safe living arrangement;

(4) describes the services to be provided the child, the child's parents and
the child's foster
parents, if appropriate;

(5) includes a description of the tasks and responsibilities designed to
achieve the plan and
to whom assigned; and

(6) includes measurable objectives and time schedules for achieving the plan.

(d) In addition to the requirements of subsection (c), if the child is in an
out of home
placement, the permanency plan shall include:

(1) A plan for reintegration of the child's parent or parents or if
reintegration is determined
not to be a viable alternative, a statement for the basis of that conclusion
and
a plan for another
permanent living arrangement;

(2) a description of the available placement alternatives;

(3) a justification for the placement selected, including a description of
the safety and
appropriateness of the placement; and

(4) a description of the programs and services which will help the child
prepare to live
independently as an adult.

(e) If there is a lack of agreement among persons necessary for the success
of the permanency
plan, the person or entity having custody of the child shall notify the court
which shall set a hearing
on the plan.

(f) A permanency plan may be amended at any time upon agreement of the plan
participants.
If a permanency plan requires amendment which changes the permanency goal, the
person or entity
having custody of the child shall notify the court which shall set a permanency
hearing pursuant to
K.S.A. 2009 Supp.
38-2264 and 38-2265, and amendments thereto.

History: L. 2006, ch. 200, § 58; Jan. 1, 2007.

38-2264: Permanency hearing; purpose; procedure;
time for hearing.
(a) A
permanency hearing is a proceeding conducted by the court or by a citizen
review board for the
purpose of determining progress toward accomplishment of a permanency plan as
established by
K.S.A. 2009 Supp.
38-2263, and amendments thereto.

(b) The court or a citizen review board shall hear and the court shall
determine whether and, if
applicable, when the
child will be:

(1) Reintegrated with the child's parents;

(2) placed for adoption;

(3) placed with a permanent custodian; or

(4) if the secretary has documented
compelling reasons
why it would not be in the child's best interests for a placement in one of
the placements pursuant to paragraphs (1), (2) or (3) placed in another planned
permanent arrangement.

(c) The court shall
enter a finding
as to whether the person or entity having custody of the child has made
reasonable efforts to
accomplish the permanency plan in place at the time of the hearing.

(d) A permanency hearing shall be held within 12 months of the date the
court authorized the child's removal from the
home and not less frequently than every 12 months thereafter.

(e) If the court determines at any time other than during a permanency
hearing that
reintegration may not be a viable alternative for the child, a permanency
hearing shall be held no
later than 30 days following that determination.

(f) When the court finds that reintegration continues to be a viable
alternative, the court shall
determine whether and, if applicable, when the child will be returned to the
parent. The court may
rescind any of its prior dispositional orders and enter any dispositional order
authorized by this code
or may order that a new plan for the reintegration be prepared and submitted to
the court. If
reintegration cannot be accomplished as approved by the court, the court shall
be informed and shall
schedule a hearing pursuant to this section. No such hearing is required when
the parents voluntarily
relinquish parental rights or consent to appointment of a permanent custodian.

(g) If the court finds reintegration is no longer a viable alternative, the
court shall consider
whether: (1) The child is in a stable placement with a relative; (2) services
set out in
the case plan necessary
for the safe return of the child have been made available to the parent with
whom reintegration is
planned; or (3) compelling reasons are documented in the case plan to support a
finding that neither
adoption nor appointment of a permanent custodian are in the child's best
interest. If reintegration
is not a viable alternative and either adoption or appointment of a permanent
custodian might be in
the best interests of the child, the county or district attorney or the county
or district attorney's
designee shall file a motion to terminate parental rights or a motion to
appoint a permanent custodian
within 30 days and the court shall set a hearing on such motion within 90 days
of the filing of such
motion.

(h) If the court enters an order terminating parental rights to a child, or
an agency has
accepted a relinquishment pursuant to K.S.A. 59-2124, and amendments thereto,
the requirements
for permanency hearings shall continue until an adoption or appointment of a
permanent custodian
has been accomplished. If the court determines that reasonable efforts or
progress have not been made
toward finding an adoptive placement or appointment of a permanent custodian or
placement with
a fit and willing relative, the court may rescind its prior orders and make
others regarding
custody and adoption that are appropriate under the circumstances. Reports of
a proposed adoptive
placement need not contain the identity of the proposed adoptive parents.

History: L. 2006, ch. 200, § 59;
L. 2008, ch. 169, § 16; July 1.

38-2265: Same; notice.
(a) The court shall require notice of the time
and place of the permanency hearing be given to the parties and interested
parties.
The notice shall state
that the person receiving the notice shall have the
right to be heard at
the hearing.

(b) The court shall require notice and the right to
be heard to the
following:

(1) The child's foster parent or parents or permanent custodian providing
care for the child;

(2) preadoptive parents for the child, if any;

(3) the child's grandparents at their last known addresses or, if no
grandparent is living or
if no living grandparent's address is known, to the closest relative of each of
the child's
parents whose address is known;

(4) the person having custody of the child; and

(5) upon request, by any person having close emotional ties with the child
and who is
deemed by the court to be essential to the deliberations before the court.

(c) The notices required by this subsection shall be given by first class
mail, not less than 10 business days before the hearing.

(d) Individuals receiving notice pursuant to subsection (b) shall not be made
a party or interested party to the action solely on the basis of this notice
and the right to be heard.
The right to be heard shall be at a time and in a
manner determined by the
court and does not
confer an entitlement to appear in person at government expense.

(e) The provisions of this section shall not require additional notice to
any person otherwise
receiving notice of the hearing pursuant to
K.S.A. 2009 Supp.
38-2239, and
amendments thereto.

History: L. 2006, ch. 200, § 60;
L. 2008, ch. 169, § 17; July 1.

38-2266: Request for termination of parental rights
or appointment of permanent custodian.
(a) Either in the original petition filed under this code or
in a motion made in an existing
proceeding under this code, any party or interested party may request that
either or both parents be
found unfit and the parental rights of either or both parents be terminated or
a permanent custodian
be appointed.

(b) Whenever a pleading is filed requesting termination of parental rights or
appointment of
a permanent custodian, the pleading shall contain a statement of specific facts
which are relied upon
to support the request, including dates, times and locations to the extent
known.

(c) In any case in which a parent of a child cannot be located by the
exercise of due diligence,
service by publication notice shall be ordered upon the parent.

History: L. 2006, ch. 200, § 61; Jan. 1, 2007.

38-2267: Procedure upon receipt of request.
(a) Upon
receiving a petition or motion
requesting termination of parental rights or appointment of permanent
custodian, the court shall set
the time and place for the hearing, which shall be held within 90 days. A
continuance shall be
granted only if the court finds it is in the best interests of the child. Upon
motion of a party, the chief
judge shall reassign a petition or motion requesting termination of parental
rights from a district
magistrate judge to a district judge pursuant to subsection (e) of K.S.A.
20-302b, and
amendments thereto.

(b) (1) The court shall give notice of the hearing: (A) To the parties and
interested parties,
as provided in
K.S.A. 2009 Supp.
38-2236 and 38-2237, and amendments thereto;
(B) to all the
child's grandparents at their
last known addresses or, if no grandparent is living or if no living
grandparent's address is known,
to the closest relative of each of the child's parents whose address is known;
(C) in any case in which a parent of a child cannot be located by the
exercise of due diligence,
to the parents nearest relative who can be located,
if any; and (D) to the
foster parents, preadoptive parents or relatives providing care.

(2) This notice
shall be given by return receipt delivery
not less than 10 business days before the hearing. Individuals
receiving notice pursuant
to this subsection shall not be made a party or interested party to the action
solely on the basis of this
notice.

(3) The provisions of this subsection shall not require additional
service to any
party or interested party who could not be
located by the exercise of due diligence in the initial notice of the filing of
a petition for a child in need of care.

(c) At the beginning of the hearing the court shall determine that due
diligence has been used
in determining the identity and location of the persons listed in subsection
(b) and in
accomplishing service of
process.

(d) Prior to a hearing on a petition, a motion requesting termination of
parental rights or a
motion for appointment of a permanent custodian, the court shall appoint an
attorney to represent
any parent who fails to appear and may award a reasonable fee to the attorney
for services. The fee may be assessed as an expense in the proceedings.

History: L. 2006, ch. 200, § 62; Jan. 1, 2007.

38-2268: Voluntary relinquishment; voluntary
permanent custodianship; consent to adoption.
(a) Prior to a hearing to consider the termination of
parental rights, if the child's
permanency plan is either adoption or appointment
of a custodian, with the consent of the guardian ad litem and the
secretary,
either or both parents may
relinquish parental rights to the child, consent to an adoption or consent to
appointment of a
permanent custodian.

(b) Relinquishment of child to secretary. (1) Any parent or
parents may
relinquish a child to the secretary, and if
the secretary accepts
the relinquishment in writing, the secretary shall stand in loco
parentis to the child and shall
have and possess over the child all rights of a parent, including the power
to place the child for adoption and give consent thereto.

(2) All relinquishments to the secretary shall be in writing, in
substantial conformity with
the form for relinquishment contained in the appendix of forms following K.S.A.
59-2143,
and amendments thereto, and shall be executed by either parent of the child.

(3) The relinquishment shall be in writing and shall be acknowledged
before a judge of a court of
record or before an officer authorized by law to take
acknowledgments. If the relinquishment is acknowledged before a judge of a
court of record, it shall
be the duty of the court to advise the relinquishing parent of the consequences
of the
relinquishment.

(4) Except as otherwise provided, in all cases where a parent has
relinquished a child to the
agency pursuant to K.S.A. 59-2111 through 59-2143, and amendments thereto, all
the rights
of the parent shall be terminated, including the right to receive
notice in a
subsequent
adoption proceeding involving the child. Upon such relinquishment, all the
rights of the
parents to such child, including such parent's right to inherit from or through
such
child, shall cease.

(5) If a parent has relinquished a child to the secretary based on a belief
that the child's other parent would relinquish the child to the secretary or
would be found unfit, and this does not
occur, the rights of the parent who has relinquished a child to the secretary
shall not be
terminated.

(6) A parent's relinquishment of a child shall not terminate the
right of the child
to inherit from or through the parent.

(c) Permanent custody. (1) A parent may consent to appointment of
the
secretary or an individual as permanent
custodian and if the secretary or individual accepts the consent, the
secretary or individual
shall stand in loco parentis to the child and shall have and possess
over the child all the
rights of a legal guardian. When the consent is to the secretary, the
secretary shall have the
right to place the child in the permanent custody of an individual who is
appointed permanent
custodian.

(2) All consents to appointment of a permanent custodian shall be in
writing and shall be
executed by either parent of the child.

(3) The consent shall be in writing and shall be acknowledged
before a judge
of a court of record
or before an officer authorized by law to take acknowledgments. If the
consent
is acknowledged before a judge of a court of record,
it shall be the duty of the court to advise the
consenting parent of the
consequences of the consent.

(4) If a parent has consented to appointment of a permanent custodian
based upon a belief
that the child's other parent would so consent or would be found unfit, and
this does not
occur, the consent shall be null and void.

(d) Adoption. If the parental rights of one parent have been
terminated or
that parent has relinquished
parental rights to the secretary, the other parent may consent to the adoption
of the child by
persons approved by the secretary or approved by the court. The consent shall
follow the
form contained in the appendix of forms following K.S.A. 59-2143, and
amendments
thereto.

History: L. 2006, ch. 200, § 63;
L. 2008, ch. 169, § 18; July 1.

38-2269: Factors to be considered in termination of
parental rights; appointment of permanent custodian.
(a) When the child has been adjudicated to be a child in
need of care,
the court may terminate parental rights or appoint a permanent custodian when
the court finds by
clear and convincing evidence that the parent is unfit by reason of conduct or
condition which
renders the parent unable to care properly for a child and the conduct or
condition is unlikely to
change in the foreseeable future.

(b) In making a determination of unfitness the court shall consider, but is
not limited to, the
following, if applicable:

(1) Emotional illness, mental illness, mental deficiency or physical
disability of the parent,
of such duration or nature as to render the parent unable to care for the
ongoing physical, mental and
emotional needs of the child;

(2) conduct toward a child of a physically, emotionally or sexually cruel or
abusive nature;

(3) the use of intoxicating liquors or narcotic or dangerous drugs of such
duration or nature
as to render the parent unable to care for the ongoing physical, mental or
emotional needs of the
child;

(4) physical, mental or emotional abuse or neglect or sexual abuse of a
child;

(5) conviction of a felony and imprisonment;

(6) unexplained injury or death of another child or stepchild of the parent
or any child in the
care of the parent at the time of injury or death;

(7) failure of reasonable efforts made by appropriate public or private
agencies to
rehabilitate the family;

(8) lack of effort on the part of the parent to adjust the parent's
circumstances, conduct or
conditions to meet the needs of the child; and

(9) whether the child has been in extended out of home placement as a result
of actions or inactions attributable to the parent and one or more
of the
factors listed in subsection (c) apply.

(c) In addition to the foregoing, when a child is not in the physical custody
of a parent, the
court, shall consider, but is not limited to, the following:

(1) Failure to assure care of the child in the parental home when able to do
so;

(2) failure to maintain regular visitation, contact or communication with the
child or with the
custodian of the child;

(3) failure to carry out a reasonable plan approved by the court directed
toward the
integration of the child into a parental home; and

(4) failure to pay a reasonable portion of the cost of substitute physical
care and maintenance
based on ability to pay.

In making the above determination, the court may disregard incidental
visitations, contacts,
communications or contributions.

(d) A finding of unfitness may be made as provided in this section if the
court finds that the
parents have abandoned the child, the custody of the child was surrendered
pursuant to
K.S.A. 2009 Supp.
38-2282,
and amendments thereto, or the child was left under such circumstances that the
identity of the
parents is unknown and cannot be ascertained, despite diligent searching, and
the parents have not
come forward to claim the child within three months after the child is found.

(e) If a person is convicted of a felony in which sexual intercourse
occurred, or if a juvenile
is adjudicated a juvenile offender because of an act which, if committed by an
adult, would be a
felony in which sexual intercourse occurred, and as a result of the sexual
intercourse, a child is
conceived, a finding of unfitness may be made.

(f) The existence of any one of the above factors standing alone may, but
does not
necessarily, establish grounds for termination of parental rights.

(g) (1) If the court makes a finding of unfitness, the court shall consider
whether termination of parental rights as requested in the petition or motion
is in the best interests of the child. In
making
the determination, the court shall give primary consideration to the physical,
mental and emotional
health of the child. If the physical, mental or emotional needs of the child
would best be served by
termination of parental rights, the court shall so order. A termination of
parental rights under the
code shall not terminate the right of a
child to inherit from or
through a parent. Upon such termination all rights of the parent to such
child, including, such parent's right
to inherit from or through such child, shall cease.

(2) If the court terminates parental rights, the court may authorize
adoption pursuant to
K.S.A. 2009 Supp.
38-2270, and amendments thereto, appointment of a permanent
custodian
pursuant to
K.S.A. 2009 Supp.
38-2272,
and amendments thereto, or continued permanency planning.

(3) If the court does not terminate parental rights, the court may authorize
appointment of
a permanent custodian pursuant to
K.S.A. 2009 Supp.
38-2272, and amendments
thereto, or
continued permanency
planning.

(h) If a parent is convicted of an offense as provided in subsection (a)(7)
of
K.S.A. 2009 Supp.
38-2271, and
amendments thereto, or is adjudicated a juvenile offender because of an act
which if committed by
an adult would be an offense as provided in subsection (a)(7) of
K.S.A. 2009 Supp.
38-2271, and
amendments thereto,
and if the victim was the other parent of a child, the court may disregard such
convicted or
adjudicated parent's opinions or wishes in regard to the placement of such
child.

(i) A record shall be made of the proceedings.

(j) When adoption, proceedings to appoint a permanent custodian or continued
permanency
planning has been authorized, the person or agency awarded custody of the
child shall within 30
days submit a written plan for permanent placement which shall include
measurable objectives and
time schedules.

History: L. 2006, ch. 200, § 64;
L. 2008, ch. 169, § 19; July 1.

38-2270: Custody for adoption.
(a) When parental rights have been terminated and
it appears that adoption is a viable alternative, the court shall enter one of
the following orders:

(1) An order granting custody of the child, for adoption proceedings, to the
secretary or a
corporation organized under the laws of the state of Kansas authorized to care
for and surrender
children for adoption as provided in K.S.A. 38-112 et seq., and
amendments thereto. The person,
secretary or corporation shall have authority to place the child in a family
home, and give consent
for the legal adoption of the child which shall be the only consent required to
authorize the entry of
an order or decree of adoption.

(2) An order granting custody of the child to proposed adoptive parents and
consenting to
the adoption of the child by the proposed adoptive parents.

(b) In making an order under subsection (a), the court
shall give preference, to the
extent that the court finds it is in the best interests of the child, first to
granting such custody for
adoption to a relative of the child and second to granting such custody to a
person with whom the
child has close emotional ties.

(c) Discharge upon adoption. When an adoption decree has been
filed with the court in the
child in need of care case, the secretary's custody shall cease, the
court's jurisdiction over the
child shall cease and the court shall enter an order to that effect.

History: L. 2006, ch. 200, § 65; Jan. 1, 2007.

38-2271: Presumption of unfitness, when; burden of
proof.
(a) It is presumed in the
manner provided in K.S.A. 60-414, and amendments thereto, that a parent is
unfit
by reason of
conduct or condition which renders the parent unable to fully care for a child,
if the state establishes,
by clear and convincing evidence, that:

(1) A parent has previously been found to be an unfit parent in proceedings
under
K.S.A. 2009 Supp.
38-2266
et seq., and amendments thereto, or comparable proceedings under the
laws of another jurisdiction;

(2) a parent has twice before been convicted of a crime specified in article
34, 35, or 36 of
chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or
comparable offenses under the
laws of another
jurisdiction, or an attempt or attempts to commit such crimes and the victim
was under the age of
18 years;

(3) on two or more prior occasions a child in the physical custody of the
parent has been
adjudicated a child in need of care as defined by subsection (d)(1),(d)(3),
(d)(5) or (d)(11) of
K.S.A. 2009 Supp.
38-2202, and amendments thereto, or comparable proceedings
under the laws of
another jurisdiction.

(4) the parent has been convicted of causing the death of another child or
stepchild of the
parent;

(5) the child has been in an out-of-home placement, under court order for a
cumulative total
period of one year or longer and the parent has substantially neglected or
willfully refused to carry
out a reasonable plan, approved by the court, directed toward reintegration of
the child into the
parental home;

(6) (A) the child has been in an out-of-home placement, under court order
for a cumulative
total period of two years or longer; (B) the parent has failed to carry out a
reasonable plan, approved
by the court, directed toward reintegration of the child into the parental
home; and (C) there is a
substantial probability that the parent will not carry out such plan in the
near future;

(7) a parent has been convicted of capital murder, K.S.A. 21-3439, and
amendments thereto,
murder in the first degree, K.S.A. 21-3401, and amendments thereto, murder in
the second degree,
K.S.A. 21-3402, and amendments thereto, or voluntary manslaughter, K.S.A.
21-3403,
and
amendments thereto, or comparable proceedings under the laws of another
jurisdiction or, has
been adjudicated a juvenile offender because of an act which if committed by an
adult would be an
offense as provided in this subsection, and the victim of such murder was the
other parent of the
child;

(8) a parent abandoned or neglected the child after having knowledge of the
child's birth or
either parent has been granted immunity from prosecution for abandonment of
the child under
subsection (b) of K.S.A. 21-3604, and amendments thereto; or

(9) a parent has made no reasonable efforts to support or communicate with
the child after
having knowledge of the child's birth;

(10) a father, after having knowledge of the pregnancy, failed without
reasonable cause to
provide support for the mother during the six months prior to the child's
birth;

(11) a father abandoned the mother after having knowledge of the pregnancy;

(12) a parent has been convicted of rape, K.S.A. 21-3502, and amendments
thereto, or comparable proceedings under the laws of another jurisdiction
resulting in the conception of the child;
or

(13) a parent has failed or refused to assume the duties of a parent for two
consecutive years
next preceding the filing of the petition. In making this determination the
court may disregard
incidental visitations, contacts, communications or contributions.

(b) The burden of proof is on the parent to rebut the presumption of
unfitness by a
preponderance of the evidence. In the absence of proof that the parent is
presently fit and able to
care for the child or that the parent will be fit and able to care for the
child in the foreseeable future,
the court shall terminate parental rights in proceedings pursuant to K.S.A.
2009 Supp. 38-2266 et seq., and amendments thereto.

History: L. 2006, ch. 200, § 66; Jan. 1, 2007.

38-2272: Appointment of permanent
custodian.
(a) A permanent custodian may
be appointed:

(1) With the consent and agreement of the parents and approval by
the court;

(2) after
a finding of unfitness pursuant to
K.S.A. 2009 Supp.
38-2269, and amendments
thereto; or

(b) Upon the
appointment of a
permanent custodian, the secretary's custody of the child shall cease. The
court's jurisdiction over
the child shall continue unless the court enters an order terminating
jurisdiction.

(c) Subject to subsection (d), a permanent custodian shall stand
in loco
parentis and shall exercise
all of the rights and responsibilities of a parent except the permanent
custodian shall not:

(1) Consent to an adoption of the child;
and

(2) be subject to court ordered child
support or medical
support.

(d) When the court retains jurisdiction after appointment of a permanent
custodian, the court, in its
order, may impose limitations or conditions upon the rights and
responsibilities of the permanent
custodian including, but not limited to, the right to:

(1) Determine contact with the biological parent;

(2) consent to marriage;

(3) consent to psychosurgery, removal of a bodily organ or amputation of a
limb;

(4) consent to sterilization;

(5) consent to behavioral and medical experiments;

(6) consent to withholding life-prolonging medical treatment;

(7) consent to placement in a treatment facility; or

(8) consent to placement in a psychiatric hospital or an institution for
the
developmentally disabled.

(e) Absent a judicial finding of unfitness or court-ordered limitations
pursuant to subsection (d),
a permanent custodian may share parental responsibilities with a
parent of the child as
the permanent custodian determines is in the child's best interests. Sharing
parental responsibilities
does not relieve the permanent custodian of legal responsibility for the child.

(f) Parental consent to appointment of a permanent custodian shall be on the
record or executed by
the parent of the child and acknowledged before a judge of a court of record.
It shall be the duty of
the court before which the consent is acknowledged to advise the consenting
parent of the
consequences of the consent, including the following:

(1) Do you understand that your parental rights are not being terminated and
you can be
ordered to pay child support and medical support for your child

(2) Do you understand that to get the rights you still have with your child,
you must keep the
court up to date about how to contact you? This means that the court needs to
always have your
current address and telephone number.

(3) Do you understand that if your child is ever placed for adoption, the
court
will try to let
you know by using the information you have given them? If your address and
telephone number are
not up to date, you might not know your child is placed for adoption.

(4) Do you understand that if you want information about your child's health
or education,
you will have to keep the information you give the court about where you are up
to date because the
information will be sent to the latest address the court has

(5) Do you understand that you may be able to have some contact with your
child, but only
if the permanent custodian decides it is in the child's best interests and if
the court allows the
contact

(6) Do you understand that unless the court orders differently, the permanent
custodian has the right to make the following decisions about your child: The
amount and type of contact you have
with the child; consent to your child's marriage; consent to medical treatment;
consent to mental
health treatment; consent to placement in a psychiatric hospital or an
institution for the
developmentally disabled; consent to behavioral and medical experiments;
consent to sterilization
and consent to withholding life-prolonging medical treatment

(g) (1) A consent is final when executed, unless the parent whose consent
is at
issue, prior
to issuance of the order appointing a permanent custodian, proves by clear and
convincing evidence
that the consent was not freely and voluntarily given. The burden of proving
the consent was not
freely and voluntarily given shall rest with that parent.

(2) If a parent has consented to appointment of a permanent custodian based
upon a belief
that the child's other parent would so consent or would be found unfit, and
this does not occur, the
consent shall be null and void.

(h) If a permanent custodian is appointed after a judicial finding of
parental unfitness without
a termination of parental rights, the parent shall retain only the following
rights and responsibilities:

(1) The obligation to pay child support and medical support; and

(2) the right to inherit from the child.

(3) The right to consent to adoption of the child.

All other parental rights transfer to the permanent custodian.

(i) If a permanent custodian is appointed after termination of parental
rights, the parent retains no
right or responsibilities to the child.

(j) Prior to appointing a permanent custodian, the court shall receive and
consider an assessment of
any potential permanent custodian as provided in K.S.A. 59-2132, and amendments
thereto. In
making an order appointing a permanent custodian the court shall give
preference, to the extent that the court finds it in the child's best
interests, to first appointing a permanent custodian
who is a
relative of the child or second a person with whom the child has close
emotional ties.

(k) If permanent custodians are divorced, such custodian's marriage is
annulled or the
court orders separate
maintenance, the court in that case has jurisdiction to make custody
determinations between the
permanent custodians.

History: L. 2006, ch. 200, § 67; Jan. 1, 2007.

38-2273: Appeals; procedure; verification.
(a) An appeal may be taken by any party
or interested party from any order of temporary custody, adjudication,
disposition, finding of unfitness or termination of parental rights.

(b) An appeal from an order entered by a district magistrate judge shall be
to a district judge.
The appeal shall be heard on the basis of the record within 30 days from the
date the notice of appeal
is filed. If no record was made of the proceedings, the trial shall be de novo.

(c) Procedure on appeal shall be governed by article 21 of chapter 60 of the
Kansas Statutes
Annotated, and amendments thereto.

(d) Notwithstanding any other provision of law to the contrary, appeals under
this section
shall have priority over all other cases.

(e) Every notice of appeal, docketing statement and brief shall be verified
by the appellant
if the appellant has been personally served at any time during the
proceedings. Failure to have the
required verification shall result in the dismissal of the appeal.

History: L. 2006, ch. 200, § 68; Jan. 1, 2007.

38-2274: Temporary orders pending appeal; status of
orders appealed from.
(a) Pending the determination of the appeal, any order
appealed from shall continue
in force unless
modified by temporary orders as provided in subsection (b).

(b) The court on appeal, pending a hearing, may modify the order appealed
from and may
make any temporary orders concerning the care and custody of the child that the
court considers
advisable.

History: L. 2006, ch. 200, § 69; Jan. 1, 2007.

38-2275: Fees and expenses.
(a) When an appeal is taken pursuant
to
this code, fees
if the guardian ad litem or of an attorney appointed to represent a
parent shall be fixed by the district
court. The fees, together with the costs of transcripts and records on appeal,
shall be taxed as
expenses on appeal. The court on appeal may assess the fees and expenses
against a party or
interested party or order that they be paid from the general fund of the
county.

(b) When the court orders the fees and expenses assessed against a party or
interested party,
such fees shall be paid from the county general fund, subject to reimbursement
by
the party or interested
party against whom the fees were assessed. The county may enforce the order as
a
civil judgment,
except the county shall not be required to pay the docket fee or fee for
execution.

History: L. 2006, ch. 200, § 70; Jan. 1, 2007.

38-2276: Prohibiting detainment or placement of
child in jail.
No child under 18
years of age shall be detained or placed in any jail pursuant to the
code.

History: L. 2006, ch. 200, § 71; Jan. 1, 2007.

38-2277: Determination of child support.
(a) In determining the amount
of a child support order under the code, the court shall apply the
Kansas child support guidelines adopted pursuant to K.S.A. 20-165, and
amendments thereto.

(b) If the appropriate amount of support under the Kansas child support
guidelines cannot
be determined because any necessary fact is not proven by evidence or by
stipulation of the
appropriate parent, the court shall apply one or more of the following
presumptions:

(1) Both parents have only gross earned income equal to 40 hours per week at
the federal
minimum wage then in effect;

(2) neither parent's income is subject to adjustment for any reason;

(3) the number of children is as alleged in the petition;

(4) the age of each child is as alleged in the petition or, if unknown, is
between seven and 15
years;

(5) no adjustment for child care, health or dental insurance or income tax
exemption is
appropriate; or

(6) neither parent is entitled to any other credit or adjustment.

(c) If the county or district attorney determines that: (1) A parent will
contest the amount of
support resulting from application of the guidelines; (2) the parent is or may
be entitled to an
adjustment pursuant to the guidelines; and (3) it is in the child's best
interests to resolve the support
issue promptly and with minimal hostility, the county or district attorney may
enter into a stipulation
with the parent as to the amount of child support for that parent. The amount
of support may be
based upon one or more of the presumptions in subsection (b). Except for good
cause or as otherwise
provided in
K.S.A. 2009 Supp.
38-2279, and amendments thereto, a stipulation
under this
subsection shall be binding
upon the court and all parties or interested parties. The criteria for
application of this subsection shall be incorporated into the journal entry or
judgment form.

History: L. 2006, ch. 200, § 72; Jan. 1, 2007.

38-2278: Journal entry for child support.
When child
support is ordered
pursuant to the code, a separate journal
entry or judgment form
shall be made for each parent ordered to pay child support. The journal entry
or judgment form shall
be entitled:

"In the matter of ____________________ and ____________________"

(obligee's name) (obligor's name)

and shall contain no reference to the privileged official file or social file
in the case except the facts
necessary to establish personal jurisdiction over the parent, the name and date
of birth of each child,
and findings of fact and conclusions of law directly related to the child
support obligation. If the
court issues an income withholding order for the parent, it shall be captioned
in the same manner.

History: L. 2006, ch. 200, § 73; Jan. 1, 2007.

38-2279: Withholding order for child support;
filing; service.
(a) A
person entitled to receive child support under an order issued pursuant to the
code
may file with the clerk of the district court in the
county in which the judgment
was rendered the original child support order and the original income
withholding order, if any. If
the original child support or income withholding order is unavailable for any
reason, a certified or
authenticated copy of the order may be substituted. The clerk of the district
court shall number the
child support order as a case filed under chapter 60 of the Kansas Statutes
Annotated, and amendments thereto, and enter the
numbering of the case on the appearance docket of the case. Registration of a
child support order
under this section shall be without cost or docket fee.

(b) If the number assigned to a case under the code
appears in the caption of a document filed pursuant to this section, the clerk
of the district court may
obliterate that number and replace it with the new case number assigned
pursuant to this section.

(c) The filing of the child support order shall constitute registration under
this section. Upon
registration of the child support order, all matters related to that order,
including, but not limited to,
modification of the order, shall proceed under the new case number.
Registration of a child support
order under this section does not confer jurisdiction in the registration case
for custody or visitation
issues.

(d) The person registering a child support order shall serve a copy of the
registered child
support order and income withholding order, if any, upon the party or
interested parties by first-class
mail. The person registering the child support order shall file, in the
official file for each
child affected, either a copy of the registered order showing the new case
number or a statement that
includes the caption, new case number and date of registration of the child
support order.

(e) If the secretary is entitled to receive payment under an order which may
be registered under this section, the county or district attorney shall take
the actions permitted or required in
subsections (a) and (d) on behalf of the secretary, unless otherwise requested
by the secretary.

(f) A child support order registered pursuant to this section shall have the
same force and
effect as an original child support order entered under chapter 60 of the
Kansas Statutes Annotated, and amendments thereto,
including, but not limited to:

(1) The registered order shall become a lien on the real estate of the
judgment debtor in the
county from the date of registration;

(2) execution or other action to enforce the registered order may be had from
the date of
registration;

(3) the registered order may itself be registered pursuant to any law,
including, but not limited
to, the uniform interstate family support act, K.S.A. 23-9,101 et seq.,
and amendments
thereto;

(4) if any installment of support due under the registered order becomes a
dormant judgment,
it may be revived pursuant to K.S.A. 60-2404, and amendments thereto; and

(5) the court shall have continuing jurisdiction over the child support
action and the parties
thereto and subject matter and, except as otherwise provided in subsection (g),
may modify any prior
support order when a material change in circumstances is shown irrespective of
the present domicile
of the child or parents. The court may make a modification of child support
retroactive to a date at
least one month after the date that the motion to modify was filed with the
court.

(g) If a motion to modify the child support order is filed within three
months after the date
of registration pursuant to this section, if no motion to modify the order has
previously been heard
and if the moving party shows that the support order was based upon one or more
of the
presumptions provided in
K.S.A. 2009 Supp.
38-2277, and amendments thereto, or
upon a
stipulation pursuant to subsection (c) of
K.S.A. 2009 Supp.
38-2277, and
amendments thereto,
the court shall apply the Kansas child support
guidelines adopted pursuant to K.S.A. 20-165, and amendments thereto, without
requiring a showing
that a material change of circumstances has occurred, without regard to any
previous presumption
or stipulation used to determine the amount of the child support order and
irrespective of the present
domicile of the child or parents. Nothing in this subsection shall prevent or
limit enforcement of the
support order during the three months after the date of registration.

History: L. 2006, ch. 200, § 74; Jan. 1, 2007.

38-2280: Remedies supplemental not
substitute.
The remedies
provided in this code
with respect to child support are in addition to and not in substitution for
any other remedy.

History: L. 2006, ch. 200, § 75; Jan. 1, 2007.

38-2281: Family services and community intervention
fund; child in need of care, purpose of expenditure of moneys.
There is hereby established in the state
treasury the family
services and community intervention fund which shall be administered by the
secretary. The
secretary may accept money from any source for the purposes for which money in
the family
services and community intervention fund may be expended. Moneys received shall
be remitted to the state
treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments
thereto. Upon receipt of each such remittance, the state treasurer shall
deposit the entire amount in the state treasury to the credit of the family
services and community
intervention fund. All moneys
in the family services and community intervention fund shall be
used for the purpose of
assisting state, county or local governments or political subdivisions
thereof or community
agencies to provide services, intervention and support services to children
alleged or adjudged to
be a child in need of care, especially those youth
at risk because of such child's own actions or behaviors and not due to abuse
or
neglect by a parent,
guardian or other person responsible for such child's care. The purpose of the
family
services and
community intervention fund shall be to enhance the ability of families and
children to resolve
problems within the family and community by the collaboration of governmental
and local service providers that might otherwise result in a child
becoming subject
to the jurisdiction of the court. All
expenditures from the family services and community intervention fund shall be
made in accordance
with appropriation acts upon warrants of the director of accounts and reports
issued pursuant to
vouchers approved by the secretary or by a person or persons designated by the
secretary.

History: L. 2006, ch. 200, § 76; Jan. 1, 2007.

38-2282: Newborn infant protection act.
(a) This section shall be known and may
be cited as the
newborn infant protection act.

(b) A parent or other person having lawful custody of an infant which is 45
days old or
younger and which has not suffered bodily harm may surrender physical custody
of the infant to any
employee who is on duty at a fire station, city or county health department or
medical care facility
as defined by K.S.A. 65-425, and amendments thereto. Such employee shall take
physical custody
of an infant surrendered pursuant to this section.

(c) As soon as possible after a person takes physical custody of an infant
under this section,
such person shall notify a local law enforcement agency that the person has
taken physical custody
of an infant pursuant to this section. Upon receipt of such notice a law
enforcement officer from such
law enforcement agency shall take custody of the infant as an abandoned child.
The law enforcement
agency shall deliver the infant to a facility or person designated by the
secretary
pursuant to
K.S.A. 2009 Supp.
38-2232, and amendments
thereto.

(d) Any person, city or county or agency thereof or medical care facility
taking physical
custody of an infant surrendered pursuant to this section shall perform any act
necessary to protect
the physical health or safety of the infant, and shall be immune from liability
for any injury to the
infant that may result therefrom.

(e) Upon request, all medical records of the infant shall be made available
to the department
of social and rehabilitation services and given to the person awarded custody
of
such infant. The medical
facility providing such records shall be immune from liability for such
records release.

History: L. 2006, ch. 200, § 77; Jan. 1, 2007.

38-2283: Application to existing cases.
(a) In addition
to all actions concerning a child in need of care commenced on or after January
1, 2007, this code also applies to proceedings commenced before January 1,
2007, unless the court finds that application of a particular provision of the
code would substantially interfere with the effective conduct of judicial
proceedings or prejudice the rights of a party or an interested party, in which
case the particular
provision of this code does not apply and the previous code applies.

(b) If a right is acquired, extinguished or barred upon the expiration of a
prescribed period that has commenced to run under any other statute before
January 1, 2007, that statute continues to apply to the right, even if it has
been repealed or superceded.